Themis Essay 847

Question 1

Diversity jurisdiction exists over actions where

Answer 1

(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.

Question 2

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

Answer 2

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

Question 3

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

Answer 3

a United States citizen and a domiciliary of the state.

Question 4

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

Answer 4

present and intend to reside for an indefinite period.

Question 5

A corporation is a citizen of

Answer 5

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

Question 6

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

Answer 6

may be aggregated.

Question 7

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

Answer 7

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

Question 8

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

Answer 8

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

Question 9

Removal based on federal question jurisdiction is not dependent on

Answer 9

the defendant’s state of citizenship.

Question 10

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

Answer 10

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

Question 11

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

Answer 11

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

Question 12

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

Answer 12

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

Question 13

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

Answer 13

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

Question 14

Only a ________________ can remove a case to federal court.

Answer 14

defendant

Question 15

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

Answer 15

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

Question 16

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

Answer 16

(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.

Question 17

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

Answer 17

join in the notice of removal.

Question 18

Notice of removal must be sent to

Answer 18

the plaintiffs and state court where the action is pending.

Question 19

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

Answer 19

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

Question 20

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

Answer 20

the right to a jury trial is waived.

Question 21

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

Answer 21

equitable claim–such as an injunction.