Civil Procedure Multistate Bar Practice Exam

Under what circumstances can a case be removed to federal court?

1. Only if both parties consent

2. Only if the case involves federal questions

3. Only if there is diversity of citizenship

4. Both federal questions and diversity of citizenship

The correct answer is: Both federal questions and diversity of citizenship

The correct answer indicates that a case can be removed to federal court under two primary circumstances: if it involves a federal question or if there is diversity of citizenship between the parties. Under federal law, particularly the removal statutes, defendants may remove a case from state court to federal court when the case meets these criteria. When a case raises a federal question, it means that the issue at hand arises under the Constitution, federal laws, or treaties, thus granting federal courts jurisdiction over such matters. This aligns with the original jurisdiction of federal courts, allowing them to hear cases that involve significant national interests or federal law issues. On the other hand, diversity of citizenship refers to cases where the parties are citizens of different states and the amount in controversy exceeds a specified threshold (usually $75,000). This type of jurisdiction is designed to prevent potential bias against out-of-state defendants in state courts, promoting fair treatment and access to a neutral federal forum. Together, these two grounds—federal questions and diversity of citizenship—outline the legitimate pathways for defendants to seek removal to federal court, illustrating the broad jurisdictional principles that underlie the federal court system. This is essential for understanding the circumstances under which removal is appropriate and the interplay of state and federal jurisdictions in the