Removal and supplemental jurisdiction Bar Exam Flashcards - Medical Study Cards
Master Removal and supplemental jurisdiction with Oncourse flashcards. These spaced repetition flashcards are designed for medical students preparing for NEET PG, USMLE Step 1, USMLE Step 2, MBBS exams, and other medical licensing examinations.
Removal and supplemental jurisdiction Flashcard Deck - 10 Cards
Flashcard 1: Under the Hanna doctrine, when does a federal court apply a Federal Rule of Civil Procedure instead of state law in a diversity case?
Answer: If a valid Federal Rule directly conflicts with or covers the issue, the court applies the Rule unless it violates the Rules Enabling Act or the Constitution; otherwise, the court applies Erie, generally using state substantive law and federal procedural law.
Flashcard 2: What is the standard for transferring a civil action under 28 U.S.C. § 1404(a), and how does it differ from § 1406(a)?
Answer: Under § 1404(a), a court with proper venue may transfer the action for the convenience of the parties and witnesses and in the interest of justice to a district where it might have been brought or to which the parties consent. Under § 1406(a), if venue is improper, the court must dismiss or, in the interest of justice, transfer the action to a proper district.
Flashcard 3: When may a defendant remove a civil action from state court to federal court?
Answer: A defendant may remove if the federal court would have original subject-matter jurisdiction, generally within 30 days after receiving the initial pleading or another paper showing removability. In a diversity-only case, removal is barred if any properly joined and served defendant is a citizen of the forum state, subject to statutory exceptions.
Flashcard 4: What is required for federal diversity jurisdiction?
Answer: There must be complete diversity of citizenship between all plaintiffs and all defendants, and the amount in controversy must exceed $75,000, exclusive of interest and costs. Complete diversity generally requires that no plaintiff share state citizenship with any defendant.
Flashcard 5: What is the general federal venue rule for a civil action?
Answer: Venue is proper in a district where any defendant resides, if all defendants reside in the same state; where a substantial part of the events or omissions occurred; or, if no district otherwise qualifies, any district where a defendant is subject to personal jurisdiction. For venue, a natural person generally resides in the district of domicile, while an entity resides in any district where it is subject to personal jurisdiction.
Flashcard 6: What is the test for supplemental jurisdiction over a claim?
Answer: The federal court may hear a claim forming part of the same Article III case or controversy, ordinarily because the claims share a common nucleus of operative fact. In diversity cases, a plaintiff generally may not use supplemental jurisdiction to evade complete diversity or the amount-in-controversy requirement.
Flashcard 7: How does the Erie doctrine determine which law a federal court applies in a diversity case?
Answer: A federal court applies state substantive law and federal procedural law; under the majority approach, a valid Federal Rule of Civil Procedure governs when it directly conflicts with state law. If no Federal Rule controls, the court applies state law when ignoring it would encourage forum shopping or create inequitable administration of the laws.
Flashcard 8: What constitutional standard governs specific personal jurisdiction?
Answer: The defendant must have purposefully established minimum contacts with the forum, and the claim must arise out of or relate to those contacts; exercising jurisdiction must also be consistent with fair play and substantial justice. The defendant’s unilateral activity or mere foreseeability of contact is ordinarily insufficient.
Flashcard 9: How is an individual’s state citizenship determined for diversity jurisdiction?
Answer: An individual is a citizen of the state of domicile, meaning the state of physical presence plus intent to remain indefinitely. Citizenship is measured when the action is filed.
Flashcard 10: What is the well-pleaded complaint rule for federal-question jurisdiction?
Answer: Federal-question jurisdiction exists only when a federal issue appears on the face of the plaintiff’s properly pleaded complaint. A federal defense or anticipated federal counterclaim ordinarily does not create jurisdiction.
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