Civil Procedure practice that explains every answer.
Multiple-choice questions across 27 Civil Procedure topics, timed mock tests, and analytics that show which topics need more work.
Questions are AI-generated and not attorney-reviewed. How questions are made
A citizen of Ohio sues a citizen of Texas in an Ohio state court for breach of contract, seeking $60,000 in damages. The complaint asserts only a state-law claim.
Ten days after being served, the defendant files a notice of removal in the federal district court. The plaintiff promptly moves to remand.
How should the federal court rule on the motion to remand?
- Option A: Deny the motion, because the parties are citizens of different states.
- Option B: Grant the motion, because the amount in controversy does not exceed $75,000.Correct answer (B)
- Option C: Deny the motion, because the notice of removal was filed within 30 days of service.
- Option D: Grant the motion, because a case that could have been filed in state court cannot be removed.
Why B: Under the general removal statute, a defendant may remove only a case the federal court could have heard originally (28 U.S.C. § 1441(a)). With no federal claim, that means diversity, which needs complete diversity and an amount in controversy exceeding $75,000 (28 U.S.C. § 1332(a)). A good-faith claim for $60,000 falls short, so the court must remand. A timely notice cannot supply missing jurisdiction.
Written for this page as an illustration. It is not from the question bank.
What's covered
6 areas and 27 topics of Civil Procedure.
Subject-Matter Jurisdiction
Federal Question Jurisdiction · Diversity Jurisdiction · Supplemental Jurisdiction · Concurrent and Removal Jurisdiction
Personal Jurisdiction, Venue & Governing Law
Personal Jurisdiction · Service of Process and Notice · Venue, Forum Non Conveniens, and Transfer · State Law in Federal Court
Pleadings, Parties & Preliminary Relief
Preliminary Injunctions and TROs · Pleadings and Amended Pleadings · Rule 11 · Joinder and the Court's Power to Sever · Intervention Under Rule 24
Discovery
Scope and Limits of Discovery · Rule 26(f) Conference and Planning for Discovery · Discovery Tools and Mechanisms · Discovery Motions
Pretrial Motions, Trial & Default
Preserving the Right to a Jury Trial · Motion to Dismiss Under Rule 12 · Motion for Judgment on the Pleadings · Summary Judgment Motion · Motion for Judgment as a Matter of Law · Entry of Default and Default Judgment
Judgments & Appeals
Effect of Judgment · Final Judgment Rule · Availability of Interlocutory Review · Standard of Review on Appeal
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Civil Procedure questions
Fact patterns with four answer options across 27 topics in 6 areas, from jurisdiction and pleadings to discovery, motions and appeals.
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