MBE Civil Procedure (Removal
Jurisdiction) 2025
When the jurisdiction of the federal court is based solely on diversity and one of
the defendants is a citizen of the state in which the state action was brought, the
action: - correct answer
✅
Is not removable
If no federal question is involved and diversity does not exist when a case is
commenced, removal will: - correct answer
✅
Be permitted if the nondiverse
parties are thereafter dismissed from the action, the requirements for diversity
jurisdiction are then present, and not more than one year has passed since the
case was commenced in state court
In a properly removed case, venue is __________ in the federal court of the state
where the case was pending, __________ had the plaintiff originally filed the
action in the federal district court of that state - correct answer
✅
Proper; even if
venue would have been improper
A case may not be removed on the basis of diversity of citizenship jurisdiction
more than ___________ after it was commenced in state court. - correct answer
✅
One year
If a case filed in state court contains a claim that would arise under federal law,
and it is joined with state law claims that do not invoke diversity or supplemental
jurisdiction, what portion of the case (if any) can be removed to federal court? -
correct answer
✅
The entire case
A party must file a demand for jury trial after the case has been removed to
federal court unless: - correct answer
✅
The party made an express demand for
trial by jury in accordance with state law OR applicable state law does not require
an express demand to claim trial by jury
