Legal Civil Procedure & Litigation 2

Question 1

For federal diversity jurisdiction under 28 U.S.C. § 1332, the amount in controversy must:

Accepted Answer

Exceed $75,000, exclusive of interest and costs

Answer

Section 1332(a) requires the matter in controversy to exceed $75,000, exclusive of interest and costs.

Question 2

Plaintiff (Ohio) sues Defendant A (Texas) and Defendant B (Ohio) in federal court on state-law claims only. What is the jurisdictional problem?

Accepted Answer

Complete diversity is lacking

Answer

Strawbridge v. Curtiss requires that no plaintiff share citizenship with any defendant.

Question 3

Under Hertz Corp. v. Friend, a corporation's principal place of business is:

Accepted Answer

Its 'nerve center,' where officers direct and control its activities

Answer

Hertz adopted the nerve center test, usually the corporate headquarters.

Question 4

Generally, a defendant must file a notice of removal within how many days after receiving the initial pleading or service of summons?

Accepted Answer

30 days

Answer

28 U.S.C. § 1446(b)(1) sets a 30-day removal deadline.

Question 5

A Florida citizen is sued in Florida state court by a Georgia citizen for $200,000 on a state-law contract claim. Can the defendant remove to federal court?

Accepted Answer

No, because of the forum-defendant rule

Answer

Under § 1441(b)(2), a diversity case is not removable if a properly joined and served defendant is a citizen of the forum state.

Legal - Attorneys Practice Test

Legal - Attorneys Practice Test

Legal Civil Procedure & Litigation 2