LA Bar Federal Law 4

Question 1

A plaintiff sues a defendant in federal court alleging only state law claims. The defendant is a citizen of a different state. The plaintiff's damages are $60,000. The federal court:

Accepted Answer

Lacks jurisdiction because the amount in controversy does not exceed $75,000

Answer

Has jurisdiction because the parties are diverse citizens

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Has jurisdiction if the plaintiff pleads a federal question in anticipation of a defense

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Lacks jurisdiction because only state courts can hear state law claims

Question 2

A state prisoner files a federal habeas corpus petition under 28 U.S.C. § 2254. Under AEDPA, a federal court may grant relief only if the state court decision was:

Accepted Answer

Contrary to or an unreasonable application of clearly established federal law as determined by the Supreme Court

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Incorrect on any question of federal constitutional law

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Based on an unreasonable factual finding without regard to the burden of proof

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Contrary to the weight of authority among the federal circuits

Question 3

To establish standing to sue in federal court, a plaintiff must demonstrate:

Accepted Answer

Injury in fact, causation traceable to defendant's conduct, and redressability by a favorable ruling

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A statutory right of action, causation, and potential for class certification

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A constitutional violation, concrete damages, and exhaustion of administrative remedies

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A stake in the controversy, ripeness, and absence of a political question

Question 4

Under 42 U.S.C. § 1983, a plaintiff suing a local government entity (municipality) must allege that the constitutional violation resulted from:

Accepted Answer

The municipality's official policy or custom that caused the violation

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Any act by a government employee within the scope of employment

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A pattern of prior constitutional violations by the municipality's officers

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Deliberate indifference by supervisory officials to subordinates' misconduct

Question 5

The Eleventh Amendment generally bars suits in federal court against a state by:

Accepted Answer

Citizens of another state or foreign country seeking money damages without state consent

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The federal government seeking to enforce federal statutes

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State officials sued in their official capacity for prospective injunctive relief

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Political subdivisions such as counties and municipalities

Question 6

The federal well-pleaded complaint rule for federal question jurisdiction under 28 U.S.C. § 1331 requires that:

Accepted Answer

The federal question appears on the face of the plaintiff's complaint, not in an anticipated defense

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The complaint expressly cites a federal statute as the basis for the claim

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The plaintiff's injury arises exclusively from violation of federal law

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The defendant raises a federal defense that the plaintiff must rebut

Question 7

Under the abstention doctrine of Younger v. Harris, a federal court must abstain from interfering with a pending state criminal proceeding when:

Accepted Answer

There is a pending state proceeding, the state has an important interest, and the plaintiff has an adequate opportunity to raise federal claims in state court

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The state has a strong interest in the subject matter of the proceeding

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The federal plaintiff raises only constitutional claims rather than statutory claims

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The state and federal proceedings involve identical issues and parties