Themis Essay 4999

Question 1

In an action that does not involve a federal question, a federal district court’s subject matter jurisdiction must be based on

Answer 1

diversity jurisdiction.

Question 2

For diversity jurisdiction to exist,

Answer 2

the amount in controversy must exceed $75,000, exclusive of interest and costs, and there must be complete diversity between all opposing parties in a case.

Question 3

A plaintiff’s ________-____________ ____________________ in a complaint that the action satisfies the amount in controversy requirement is sufficient.

Answer 3

good-faith assertion

Question 4

There is no diversity of citizenship if any plaintiff in the case is

Answer 4

a citizen of the same state as any defendant.

Question 5

In determining the citizenship of an individual, the individual must be a citizen of

Answer 5

the United States and a domiciliary of the state.

Question 6

A citizen is a domiciliary of the state in which

Answer 6

she is present and intends to reside for an indefinite period.

Question 7

A corporation is deemed to be a citizen of

Answer 7

every state in which it has been incorporated and of the state where it has its principal place of business.

Question 8

When a federal court lacks subject matter jurisdiction with respect to an action initially brought in the federal district court, the court must

Answer 8

dismiss the action.

Question 9

There is no time limit for making a motion to dismiss on the basis of

Answer 9

lack of subject matter jurisdiction.

Question 10

Any civil action commenced in state court may generally be removed by the defendant to

Answer 10

federal district court for the district and division in which the state court action is pending.

Question 11

The right of removal for a defendant is determined by the pleadings filed as of

Answer 11

the time that the petition is removed.

Question 12

Diversity must exist at the time of filing the original action as well as at the time the notice of removal is filed, unless

Answer 12

the plaintiff dismisses a party who would have destroyed diversity jurisdiction.

Question 13

A defendant who wants to remove a state court action to federal court generally must

Answer 13

file a notice of removal with the district court within 30 days after service on that defendant of the initial pleading or summons.

Question 14

If a case started by the initial pleading is not removable, a notice of removal may be filed within

Answer 14

30 days after receipt by the defendant of any paper which makes the case removable (such as an amended pleading or motion).

Question 15

A matter cannot be removed based on lack of diversity of citizenship more than

Answer 15

one year after the action is commenced.