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13 Cards in this Set
- Front
- Back
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A Plan from Illinois is suing another person from Illinois over a violation of his Federal Civil Rights. where will it be heard
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1331 - The claim is a Federal claim, so it would go to the Federal Courts. This would not go to the State court
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A is a citizen of Illinois and sues B, from Illinois over a violation of a Federal Civil right statute. A wants to add a state law claim, saying that B also hit her in car.
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Claim #1 -Fall under 1331
Claim #2 - Has to be tried at the state. You can not add both of them together and send to the Federal courts..will not work. |
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A is suing B for a breach of contract. Both parties are from Illinois and B would like to have the case heard in the Florida Federal Court, because this is where they have a summer home. Can it be heard in the Federal court?
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No..there is lack of diversity. As soon as you hear that both are in the same state, that kills any diversity claim.
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In 1367 (a) what will get a case kicked out of Federal court
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the case is by a plantiff, against defendants who are there solely on diversity.
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A is from NY, B is from Florida. A has 3 claims against B (Federal Anti Trust, Breach of a Fed Statute,and Breach of a $100,000 contract)
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A 3 of the claims can be heard in Federal court:
1. The issue is over a Federal Question 2. The issue is over a Federal Questions 3. Both parties are from different states and the contract is over $75,000. |
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A from Florida is suing B from Florida for violation of Federal civil rights. A would like to have the case heard in Florida. Can this case be removed?
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Yes, The reason is because for A to win, you must address a federal question, so this case could have been filed in a alternate court...you are outta here.
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A is B in a Florida Court for a violation of Civil rights. Can B have the case removed?
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Yes, If the Plaintiff can file the case in Federal court, then the Defendant can ask for a removal
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Bill is from Florida and is planning on suing Stan, Todd and Mike in New York state court. Stan is from Montana, Todd is from Iowa, and Mike is from NY. the plaintiff's would like to remove it from the State court to the Federal court. Can this be done?
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No, even though Stan and Todd are not from NY, Mike is. For a removal, all parties can not be from the state where it is being tried. Three Musketeers - All for one, one for all.
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Ralph(NY) is suing Ronnie(Fl), Bobbie(Ga), Rickie(Ca) and Mike(NJ) in the New Jersey state court. Ronnie, Bobbie, Ricki and Mike ask the case to be removed from state court, because of diversity. Can they do it?
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No..Since Mike is from New Jersey, they do not have the ability to claim diversity. In diversity it is all for one..one for all.
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Jim is from Alaska and Tina is from Georgia. Jim sues Tina in Georgia State court. Tina doesn’t want to have the case heard in Georgia, but instead the Federal Court. Tina can show that Jim could have filled the case in Federal court, because of diversity. Will the court remove the case and send it to the Federal Court?
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No, Since she is a resident of Georgia and Jim chooses to have the cause heard in the Georgia state court, the defendant can not ask for a removal. In this case only Jim can ask for it to be removed. Diversity is done to prevent the local court from being prejudice against a plaintiff. If the plaintiff still wants to have the case heard in the other parties state court, then there is nothing that can be done.
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Ike is suing Tina for $65,000. Tina wants the Federal courts to hear the case, not the state. Can she have the case moved to the Federal Court?
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No 28 U.S.C.A. § 1332(a), requires that any case below $75,000, will be handled by the local district courts.
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Rule 11. If the lawyer files a case that appears to be legit and later discovers that the case is full of BS. do that have to withdraw their case.
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No,
They do not have to withdraw the case, but now that they know that it is BS, they might was well with |
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When filling a Rule 11 motion for dismissal, how many days does the other party have to respond
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21 days. once they respond, you get 20 days for your reply.
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