Venue – Removal to Federal Court Self-Quiz

 

 

 

 

 

 

 

Billy and Joe, residents of New York, file an action in Connecticut state court against Mary and Susan, both residents of Connecticut. Billy and Joe file a notice of removal in the district court in Connecticut. What will the outcome be?
Choice 1 The federal court will remand the case to the state court because Billy and Joe, the plaintiffs, filed the notice to remove.
Choice 2 The federal court will remand the case to the state court because Billy and Joe are residents of New York.
Choice 3 The federal court will keep the case because Billy and Joe, the plaintiffs, filed the notice to remove.
Choice 4 The federal court will keep the case because it is the proper federal court to hear the action.
Billy and Joe, residents of New York, file an action in Connecticut state court against Mary and Susan, both residents of Connecticut. Mary and Susan file a notice of removal in the district court in New York. Assume the federal court has subject matter jurisdiction. What will the outcome be?
Choice 1 The federal court will remand the case to state court because Billy and Joe, the plaintiffs, did not file the notice to remove.
Choice 2 The federal court will remand the case to state court because it is not the proper federal district court to which the case may be removed.
Choice 3 The federal court will keep the case because it is the proper federal district court to which the case may be removed.
Choice 4 The federal court will keep the case because Mary and Susan, the defendants, filed the notice to remove.
Ally is a forklift operator who lives in North Carolina. While at work one day, the forklift malfunctions, injuring Ally. Ally brings a legitimate claim against her employer under North Carolina’s workmen’s compensation laws. Ally’s employer files a notice of removal in the appropriate federal district court in North Carolina. What will the outcome be?
Choice 1 The federal court will keep the action because it is removed to the proper federal district court.
Choice 2 The federal court will keep the action because Ally’s employer, the defendant, filed the notice of removal.
Choice 3 The federal court will remand the case to state court because it is non-removable.
Choice 4 The federal court will remand the case to state court because Ally, the plaintiff, did not seek to have it removed.

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