Themis Essay 847 Flashcards

1
Q

Diversity jurisdiction exists over actions where

A

(i) the parties are citizens of different states or of a state and a foreign state, and (ii) the amount in controversy in the action exceeds $75,000.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

When the requirements of diversity jurisdiction are met, a federal court may

A

exercise jurisdiction over the action, regardless of the legal subject of the controversy.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

To be a citizen of a state, a person must be

A

a United States citizen and a domiciliary of the state.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

A person is a domiciliary of the state in which they are

A

present and intend to reside for an indefinite period.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

A corporation is a citizen of

A

(i) its state of incorporation, and (ii) the state where it has its principal place of business (usually its headquarters).

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

For purposes of diversity jurisdiction’s amount-in-controversy requirement, all of a plaintiff’s claims

A

may be aggregated.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

For purposes of diversity jurisdiction’s amount-in-controversy requirement, the value of a single plaintiff’s claims against multiple defendants

A

generally may not be aggregated if the claims are separate and distinct.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

If removal is sought solely based on diversity jurisdiction, the claim may be removed only if

A

no defendant is a citizen of the state in which the action was filed.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

Removal based on federal question jurisdiction is not dependent on

A

the defendant’s state of citizenship.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

A district court with jurisdiction may exercise “supplemental jurisdiction” over additional claims over which the court would not independently have subject matter jurisdiction if the claims

A

arise out of a “common nucleus of operative fact” such that all claims should be tried together in a single judicial proceeding.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

If removal is based on federal question jurisdiction, the entire case may be removed if a case’s state-law claims

A

arise out of the same common nucleus of operative fact as the federal claim.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

In a case removed based on federal question jurisdiction, the federal district court may determine all of the issues or,

A

in its discretion, remand any claims in which state law predominates.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Any civil action commenced in a state court that is within the original jurisdiction of the federal district court may generally be

A

removed by the defendant to the district court for the district in which the state court action was commenced.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

Only a ________________ can remove a case to federal court.

A

defendant

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

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

A

notice of removal with the district court within 30 days after receipt of the complaint.

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

A notice of removal filed with the federal district court must be:

A

(i) verified;
(ii) signed and contain a short and plain statement of the grounds for removal;
(iii) filed in the district court for the district and division in which the state action is pending; and
(iv) accompanied by copies of all process, pleadings, and orders served on the defendants seeking removal.

17
Q

In general, all defendants (except nominal parties) are required to

A

join in the notice of removal.

18
Q

Notice of removal must be sent to

A

the plaintiffs and state court where the action is pending.

19
Q

Once an action is removed to federal court, the removing party, if seeking a jury trial, must

A

file the demand within 14 days of filing for removal or risk losing the right.

20
Q

If the demand for a jury trial is not timely filed within 14 days of removal,

A

the right to a jury trial is waived.

21
Q

A jury trial will not be available in federal district court on an

A

equitable claim–such as an injunction.