Civil Procedure – Subject Matter Jurisdiction Practice Test

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• Under 1367, when may a federal court exercise jurisdiction over state-law claims that are part of the same case?
• Which statement about removal is accurate?
• Grable test components essential for federal jurisdiction include which of the following?
• What is the threshold and concept for 'minimal diversity' under CAFA?
• If a class action is filed in state court and removed to federal court under CAFA, and later remanded back to state court, when may the federal court maintain jurisdiction?
• Under the Mottley rule, can defenses or counterclaims create federal-question jurisdiction?
• Mottley v. Osborn holds that federal question jurisdiction is not created by anticipated defenses. Under Mottley, when is a federal question properly found?
• What combination of elements triggers federal jurisdiction under the Class Action Fairness Act (CAFA)?
• Which factor is essential to determine if a claim arises from the same nucleus of operative fact for supplemental jurisdiction under 1367?
• What are typical grounds for remand under 28 U.S.C. §1447(c)?
• Under 1367, when may a district court dismiss the state-law claim or the entire case as a discretionary matter?
• A plaintiff sues a single defendant for two separate state-law claims totaling $100,000. Can the plaintiff aggregate the two claims to meet the amount in controversy for diversity jurisdiction?
• What is the concept of 'home-state' under CAFA, and how can it influence jurisdiction?
• Which statement describes supplemental jurisdiction under 1367 when a civil action includes both federal and state-law claims?
• Which statement best describes complete diversity under traditional jurisdiction?
• For diversity purposes, a natural person's citizenship is determined by domicile. Domicile is the place where the person intends to remain and return to; it may differ from residence.
• Federal-question removals are generally permitted when:
• Which statement best describes Grable jurisdiction?
• When evaluating subject-matter jurisdiction, what is the 'claim’s syntax' test?
• If a case presents both a federal question and diversity, what is the effect on federal subject-matter jurisdiction?
• How is alienage jurisdiction treated for federal SMJ?
• If a complaint seeks removal but fails to allege jurisdiction adequately, a defendant:
• How is jurisdiction affected when a party seeks to bring multiple claims under a single federal question?
• Removal timing: A case is filed in state court; a defendant removes to federal court 40 days after service of the complaint. Is the removal timely?
• Which requirement is NOT part of the Grable standard for an embedded federal issue to support removal?
• What is the statutory amount-in-controversy threshold for diversity jurisdiction, and how is it measured when the complaint does not specify damages clearly?
• Shelley, a resident of North Carolina, sues Jack in North Carolina Superior Court for battery. Jack, also a North Carolina resident, removes the case to federal court. How should the court rule on Shelley's motion to remand?
• Which scenario would be most likely to give rise to federal-question jurisdiction under Grable?
• What is the general rule about removal time limits under 28 U.S.C. §1446(b) for most cases?
• A complaint in state court asserts a state-law battery claim. The defendant asserts a federal defense under a federal statute. Does this create federal question jurisdiction under the well-pleaded complaint rule?
• Diversity jurisdiction for corporate parties requires domicile based on the principal place of business (nerve center). If a corporation's principal place of business is in Florida, in which state is it domiciled for purposes of diversity?
• Which scenario most likely triggers Colorado River abstention?
• In a civil action where a plaintiff is from North Carolina and defendants are from South Carolina and North Carolina, is there complete diversity?
• In art and copyright cases, which statement describes the source of federal jurisdiction under §1338?
• Which factor demonstrates lack of intent to remain indefinitely in a state for purposes of establishing domicile for diversity?
• How does the term 'arising under' apply to patent and copyright claims under §1338?
• The amount in controversy for diversity jurisdiction must exceed what amount?
• Adequate jurisdictional allegations in a complaint seeking removal are intended to ensure:
• Under §1367(c), when may a federal court decline to exercise supplemental jurisdiction over state-law claims?
• Which case created the rule that a federal court may hear a state-law claim that shares a nucleus of operative fact with a federal claim?
• Domicile for diversity purposes requires which combination of elements?
• Applying Mas v. Perry, where is Peter domiciled?
• In Florida, a plaintiff from Florida sues two defendants in a Florida state court on a state-law claim. One defendant is a Florida citizen; the other is a New York citizen. The Florida defendant seeks removal to federal court under 28 U.S.C. § 1441. Is removal barred by the forum defendant rule?
• Which statement best describes the effect of a patent claim when state-law claims are also present in the case?
• What is the purpose of 28 U.S.C. §1367 (supplemental jurisdiction)?
• David, a New Jersey resident, sues Ryan, a North Carolina resident, over a gambling app matter. David removes the case from North Carolina state court to the Federal District Court in the Eastern District of North Carolina. After removal, Ryan moves to remand. Should the court grant the remand?
• Under Mas v. Perry, if a person relocates temporarily to another state but intends to return, where is the domicile?
• In the arising under context, federal jurisdiction may exist when:
• How does CAFA interact with traditional diversity jurisdiction in terms of citizenship standards?
• Who has authority to issue a remand order in a removed case?
• In a federal case with original jurisdiction based on diversity, a plaintiff sues a defendant and the defendant impleads a third party under Rule 14. The third party is a citizen of the plaintiff's state. Under 28 U.S.C. § 1367(b), what is the effect on jurisdiction over the third-party claim?
• In a Michigan federal case involving Cordelia (domiciled in North Carolina) and Ryan, does diversity jurisdiction exist?
• In a diversity case, the plaintiff seeks to add a third-party defendant under Rule 14 and asserts a claim against that party for some amount. Under 28 U.S.C. §1367, may the court hear this claim?
• What does minimal diversity mean under CAFA?
• How is the citizenship of partnerships and LLCs treated for diversity purposes?
• In a federal question case, the plaintiff sues for a federal violation and a state-law claim for battery arising from the same incident. Should the court exercise jurisdiction over the state-law claim?
• How is the citizenship of an unincorporated partnership or other unincorporated association determined for diversity jurisdiction?
• Under the forum defendant rule, removal based on diversity is barred when which condition exists?
• Is federal question jurisdiction present when the federal issue is raised only as a defense to a state-law claim?
• What is fraudulent joinder, and how does it affect removal?
• In diversity jurisdiction, what must the amount in controversy do?
• What is the Mottley rule?
• In a diversity-jurisdiction analysis, where is Calvin domiciled for purposes of federal subject-matter jurisdiction?
• Under CAFA, which factor is NOT a threshold for federal jurisdiction over class actions?
• How is the citizenship of a corporate defendant determined for diversity jurisdiction?
• If a class action includes 90 members, can CAFA jurisdiction attach?
• Which scenario demonstrates the forum defendant rule preventing removal based on diversity?
• What are the two principal bases for original federal subject-matter jurisdiction?
• Which statement best describes the Grable test in federal-question jurisdiction?
• Under 1338 and 1367, how are compulsory counterclaims treated for jurisdiction if they arise under federal law? The difference to 1338 vs 1367.
• What does 28 U.S.C. §1335 provide in class action interpleader?
• When measuring the amount in controversy, are punitive damages included?
• In a federal question anchor case, the additional state-law claim's viability under supplemental jurisdiction does not depend on the amount in controversy. True or false?
• Under the removal framework, within how many days may a case be removed after service of the initial pleading or summons, and what event can restart the clock for a later-served defendant?
• A person born in Ohio relocates to Texas for work and plans to move to Montana after saving money. He is physically present in Texas and has not established a home in Montana. For purposes of federal diversity jurisdiction, in which state is he domiciled?
• Under 28 U.S.C. §1338, federal-question jurisdiction exists for patent and copyright claims; these claims provide an independent basis for federal jurisdiction and can accompany other claims in the same case.
• Under 1367(c), a district court may decline to exercise supplemental jurisdiction over a state-law claim if the court has original jurisdiction over the federal claim and the federal claim is dismissed. True or False?
• In a diversity case where the anchor claim supports jurisdiction but a counterclaim for $20,000 arises from the same facts, the defendant requests dismissal. Which result is correct if the counterclaim is properly within supplemental jurisdiction?
• Under 28 U.S.C. §1367(b), in actions where original jurisdiction is based solely on diversity, what does the statute bar?
• Which statement about the relationship between the anchor claim and the related claims for 1367 purposes is correct?
• Regarding diversity-based removal, when may removal not occur?
• The Grable standard requires the embedded federal question to be:
• Which scenario would not establish federal-question jurisdiction under preemption?
• Which statement correctly describes federal-question jurisdiction and diversity jurisdiction?
• What is the well-pleaded complaint rule and the leading exception that allows federal jurisdiction despite no federal question on the face of the complaint?
• What is the basic purpose of 28 U.S.C. § 1441 (Removal) and what triggers a case’s eligibility for removal?
• For diversity purposes, which factor typically determines a trust's citizenship?
• Two claims in a federal diversity case arise from the same accident; the anchor claim is $60,000 and a counterclaim is $10,000. Should the court exercise jurisdiction over both claims?
• Which test determines a corporation's principal place of business for diversity purposes under 28 U.S.C. 1332?
• How is a corporation’s citizenship determined for purposes of diversity jurisdiction?
• What is the significance of the 'face of the complaint' standard in federal-question jurisdiction?
• Under the Mottley rule, to establish federal-question jurisdiction, the federal question must appear:
• Which statement about CAFA thresholds is true?
• Which statement best describes a scenario where remand may be appropriate due to removal defects?
• Under the general rule, removal to federal court is permissible when?
• In a diversity case, if a plaintiff asserts a third-party claim against a nondiverse defendant under Rule 14, can the court hear that third-party claim under 1367(a)?
• The forum defendant rule applies to removals based on diversity; which statement is correct?
• In an interpleader action under §1335, what level of diversity is typically required among claimants?
• In a diversity action, the plaintiff seeks to add a third-party defendant under Rule 14; the third party demand is $25,000 while the anchor claim is $60,000. May the court hear the third-party claim under supplemental jurisdiction?
• In a diversity case with an anchor claim of $400,000 and a counterclaim of $200,000 arising from the same incident, what should the court do?
• In a federal-question case, a related state-law claim is present. Under 1367(a), the court may hear the state-law claim if it shares a common nucleus of operative facts with the federal claim. True or False?
• When does the one-year limit on diversity-based removal apply?
• What fundamental distinction exists between removal and remand in the federal-state judicial relationship?
• If a federal court has both a federal-question claim and a state-law claim, which doctrine governs whether the state-law claim may be heard?
• Which statement best describes supplemental jurisdiction under §1367 as refined by the case law?
• What are the four Grable elements used to determine whether a state-law claim can arise under federal jurisdiction?
• Which of the following is NOT one of the Grable factors for establishing federal-question jurisdiction?
• Jamie and Lindsey, both North Carolina residents, sue Brian, a South Carolina resident, for IIED ($30,000) and negligence ($60,000), totaling $90,000. Can they aggregate their claims for diversity purposes?
• Under CAFA, a class action is eligible for federal jurisdiction if:
• When is removal based on diversity available?
• Which statute governs supplemental jurisdiction allowing federal courts to hear state-law claims that are part of the same case or controversy as a federal claim?
• Which scenario destroys complete diversity for purposes of federal jurisdiction?
• Which statement describes when removal to federal court is permissible?
• How is the citizenship of an LLC determined for diversity jurisdiction?
• A plaintiff asserts damages of exactly $75,000 on a single defendant. Does this meet the amount-in-controversy requirement for diversity jurisdiction?
• In alienage jurisdiction, which factor is crucial in defining domicile?
• Can a plaintiff aggregate claims to meet the amount-in-controversy from multiple defendants?
• What is the CAFA threshold for the total amount in controversy?
• Which statement about trusts for diversity counting is accurate?
• Under CAFA, which statement about diversity is accurate?
• What is diversity jurisdiction and what does the requirement of complete diversity mean in practice?
• Emilee sues Ochuko in federal court in North Carolina for negligence, seeking $75,000. Ochuko removes. Should the court grant remand?
• For diversity purposes, a partnership is a citizen of which states?
• In a federal question case, the anchor claim is based on federal law; a state-law claim arises from the same facts. Does the court have jurisdiction over both claims?
• What is the primary effect of the Grable decision on federal-question jurisdiction?
• When can federal courts hear patent or copyright claims, and under what statute?
• What is the CAFA class-action threshold for the number of class members?
• Which term refers to the authority of a federal court to hear cases arising under federal law, even when those claims are included with non-federal claims?
• How did 28 U.S.C. §1367 affect the Gibbs rule?
• Which statement about 28 U.S.C. 1367(a) is true?
• Under the forum defendant rule, removal by a defendant is not permitted if the case was filed in the state where that defendant resides.
• Which statement best describes removal to federal court under §1441?
• Under which statute is diversity jurisdiction granted?
• Which statement correctly describes the forum defendant rule's scope?
• Which of the following statements correctly identifies two common CAFA carve-outs that can compel remand to state court?
• What best describes the Colorado River abstention doctrine?
• Which scenario describes the correct treatment of a corporation’s principal place of business for diversity purposes?
• A case commences in state court on January 1. The defendant removes on February 1 of the following year. Has the removal timing violated the one-year limit for diversity-based removals?
• In a federal case based on federal question, a related state-law claim is present. Under 1367(a), may the court hear the state-law claim because it shares a common nucleus of operative fact with the federal claim?
• Under supplemental jurisdiction, when may a federal court exercise jurisdiction over state-law claims that are part of the same case or controversy as a federal claim?
• A state-court complaint includes a claim that a plaintiff holds a patent (a federal issue). Is the case removable based on federal-question jurisdiction?
• Under 1367, when can a state-law claim incidental to a federal issue be included under supplemental jurisdiction?
• How is the citizenship of a trust determined for diversity purposes?
• If a state-law claim is preempted by federal law and the claim arises under federal law as a matter of preemption, this may support:
• A federal court may exercise jurisdiction over a case that is removed on the basis of federal question even if there is no complete diversity between the parties.
• Which statement is true about complete diversity?
• Which scenario most likely triggers Colorado River abstention?
• What is the effect of the dismissal of the federal claim on the court’s jurisdiction to hear related state-law claims under §1367?
• The amount in controversy for a federal diversity case must exceed 75,000, excluding interest and costs. True or False?
• When calculating a corporation’s principal place of business for diversity purposes, which standard is used?
• A Florida plaintiff sues three defendants: one from Florida, one from Georgia, and one from California, alleging a state-law wrongful death claim. Is there complete diversity?
• Dom Toretto sues Ludacris in federal court in North Carolina. He asserts two claims: (1) a federal securities claim seeking $1,500,000 and (2) a state securities claim seeking $100,000. Ludacris is served; He moves to dismiss. What is the basis for jurisdiction?
• What is federal interpleader under §1335?
• In class-action interpleader under §1335, which party is the stakeholder?
• A plaintiff sues a partnership with two partners: X from State A and Y from State C. The partnership is therefore a citizen of which states for diversity purposes?
• What is the basic rule of complete diversity in a multi-party action?
• What role does the “well-pleaded complaint” rule play in determining federal jurisdiction when state-law claims are involved?
• In a federal case with a main federal claim, a defendant impleads a crossclaim against another defendant. The court may exercise supplemental jurisdiction over the crossclaim if it arises from the same facts as the main claim.
• What is a remand order, and when may a federal court remand a case to state court?
• Which statement best captures the default rule for federal-question removal based on the face of the complaint?
• Can a case be removed to federal court on the basis of a federal question even if the parties are not diverse?
• Which attribute is NOT required for embedded federal jurisdiction under Grable?
• What does the Gibbs concept state regarding state and federal claims?
• For purposes of diversity jurisdiction under 1332, can a plaintiff aggregate all of the plaintiff’s claims against a single defendant to meet the amount-in-controversy?
• Under Gibbs pendant jurisdiction, when may a federal court hear a related state-law claim?
• What is the significance of the 'nerve center' concept in corporate diversity analysis?
• What is the Grable framework for establishing federal-question jurisdiction when a federal issue is embedded in a state claim?
• What are the requirements for removal under 1443 for civil-rights claims?
• What is the difference between a compulsory and a permissive counterclaim in relation to jurisdiction under 28 U.S.C. §1338 and §1367?
• In evaluating 1332 diversity, what is meant by the 'principal place of business' for corporations, and how did the Hertz decision affect this?
• Which statement best describes supplemental jurisdiction under 1367(a)?
• In a civil action with multiple defendants from different states and total amount in controversy exceeding 75,000, federal jurisdiction based on diversity requires what?
• Where was Phyllis domiciled when the lawsuit was filed in federal court?
• For purposes of alienage jurisdiction, what is the relevant domicile of a defendant?
• Elon Musk sues Edison in federal court in California for patent infringement. Edison moves to dismiss. What is the proper basis for jurisdiction?
• Class Action Fairness Act jurisdiction: what are the basic thresholds for class actions?
• How is the citizenship of a trust treated when counting diversity under §1332, and what distinguishes a trust from a mere property holding?
• Georgia was domiciled where when the Texas federal suit was filed?
• A plaintiff from Georgia sues a defendant from Georgia and a defendant from Florida in federal court based on diversity. Is there complete diversity?
• In art and copyright cases under §1338, what creates federal jurisdiction?
• Nana's Noodles is incorporated in Ohio and has its nerve center in Indiana. A Virginia plaintiff sues for $80,000. Where is the corporation domiciled for purposes of federal diversity?
• What is the general rule for removal when the case is filed in a state where one defendant is domiciled and the case involves only state-law claims?
• Under CAFA, what does minimal diversity mean?
• A diversity case where P (state A) sues D (state B) and D impleads E (state A) under Rule 14. The addition of E would destroy complete diversity. What happens to the court's jurisdiction over E's claim?
• In evaluating 1332 diversity, what is the significance of the 'domicile' concept for individuals?
• What is the difference between a federal-question claim and a Grable claim in terms of the basis for jurisdiction?
• Two plaintiffs from State X and State Y sue two defendants from State X and State Z. Is there complete diversity for purposes of removal?
• What creates federal question jurisdiction?
• What is the basic rule of federal-officer removal under §1442(a)(1)?
• Which doctrine is described as allowing claims arising from the same core events or facts to be heard together in federal court?
• The 'nucleus of operative fact' concept originates from Gibbs and is refined by §1367 to permit claims that arise from the same core events or facts. Which option best captures this idea?
• A case between citizens of different states involving a $50,000 claim is filed in state court. A defendant removes to federal court. The federal court lacks jurisdiction because the amount in controversy does not meet the threshold. True or False?
• What is the general rule regarding the relationship between federal-question jurisdiction and supplemental jurisdiction under 1367?
• If a nondiverse defendant is added after removal, what is the effect on removal and diversity?
• Under §1447(c), remand timing requirements?
• Which statement best describes CAFA's minimal diversity concept?
• Where was Donna domiciled during the relevant time for the domicile question?
• Under the well-pleaded complaint rule, does federal subject-matter jurisdiction exist when a state-law contract claim is filed in state court and the defendant removes claiming a federal defense would defeat the claim?
• Which statement best describes the Grable framework for federal-question jurisdiction?
• Under Gordon v. Steele, establishing a new domicile requires physical presence in the new state and what else?
• For diversity jurisdiction in federal court, which condition must be met?
• Which statement is accurate regarding the reach of supplemental jurisdiction to crossclaims under 1367?
• How is the citizenship of unincorporated associations determined for diversity purposes?
• Under the Grable standard, an embedded federal issue may support removal only if:
• In CAFA matters, which statement is accurate about CAFA criteria?
• Under traditional diversity jurisdiction, which statement is true?
• Under CAFA, what is the effect of the local controversy exception on federal jurisdiction when the class primarily resides in the forum state?
• In a federal diversity case, A sues B; anchor claim value $400,000; B files a counterclaim for $75,000 arising from the same accident. How should the court rule?
• How does §1367(a) define the scope of supplemental jurisdiction, and what is the default presumption about its availability?
• Removal jurisdiction allows removal if the case could have been filed originally in federal court under which basis?
• What is the central aim of supplemental jurisdiction under §1367?
• Which statement correctly describes when a corporation is considered a citizen for diversity purposes?
• A case removed to federal court after service of the initial complaint; the removal is filed 45 days after service. Is removal proper?
• Under the Hertz nerve center test, Paxton corporation's principal place of business is in which state?
• A motion to remand on the basis of a defect other than lack of subject matter jurisdiction must be filed within 30 days after removal.
• Under what conditions might a federal court abstain under Colorado River?
• If a case originally asserts only a state-law claim and the defendant removes to federal court alleging a federal question, what rule governs whether there is a federal question jurisdiction?
• Suppose a federal court has original jurisdiction over a plaintiff's claim based on diversity and a related state-law claim is included. Under 28 U.S.C. §1367(a), may the court exercise supplemental jurisdiction over that related claim?
• A plaintiff sues for exactly $75,000 and every defendant is from a different state from the plaintiff. Does diversity jurisdiction exist?
• When a case is removed on diversity grounds, what happens if a later-joined defendant destroys complete diversity?
• For purposes of diversity, a person's domicile requires the intent to remain indefinitely. A student spends 10 months in State B for a temporary program but intends to return to State A after the program. Where is the person's domicile for diversity purposes?
• For purposes of diversity jurisdiction, a partnership's citizenship is determined by the citizenship of its?
• Under Hertz, a corporation is domiciled in both its state of incorporation and its nerve center. If the corporation is incorporated in Ohio and has its nerve center in Indiana, what are its citizenships for diversity?
• Which statement about preemption and embedded federal issues is accurate for Grable jurisdiction?
• Which statement best describes the relationship between the nucleus of operative fact and supplemental jurisdiction?
• Under the nerve center concept, which statement is true about corporate citizenship for diversity purposes?
• A plaintiff sues in federal court on a federal question claim under §1983 and also asserts a state-law claim arising from the same conduct. The federal question claim gives the court original jurisdiction. May the court exercise supplemental jurisdiction over the state-law claim under 28 U.S.C. § 1367(a)?
• How does aggregation work when there are multiple plaintiffs or multiple claims to satisfy the amount-in-controversy?
• If a case involves both a federal question and diversity, what jurisdiction exists?
• If a case asserts both federal-question and state-law claims, under what condition may the federal court exercise supplemental jurisdiction over the state-law claims?
• For diversity purposes, a corporation is a citizen of how many states?
• A single plaintiff from Illinois sues three defendants: two from Illinois and one from New York. Is there complete diversity?
• Which rule allows federal question jurisdiction to attach when a federal issue appears on the face of the complaint or arises out of the claim, even if raised as a defense or counterclaim?
• A state-law claim is filed in federal court, but there is no independent basis for federal jurisdiction (neither diversity nor federal question). What should the court do with the state-law claims?
• Which of the following statements accurately reflects §1335 interpleader requirements?
• What is the distinction between subject-matter jurisdiction and removal jurisdiction?
• Mitchell sues Peyton in federal court for libel, a state-law claim. Peyton moves to dismiss for lack of subject matter jurisdiction. How should the court rule?
• A party may file a remand motion based on lack of subject matter jurisdiction at any time prior to final judgment.
• In diversity analysis, can a case involve a U.S. citizen plaintiff and a foreign defendant and still be removed to federal court if the amount in controversy is met?