Civil Procedure – Subject Matter Jurisdiction Practice Test

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• For diversity purposes, which factor typically determines a trust's citizenship?
• Which statement is accurate regarding the reach of supplemental jurisdiction to crossclaims under 1367?
• What are the four Grable elements used to determine whether a state-law claim can arise under federal jurisdiction?
• 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)?
• Which statement is true about complete diversity?
• What does the Gibbs concept state regarding state and federal claims?
• 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?
• 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.
• What is the significance of the 'face of the complaint' standard in federal-question jurisdiction?
• Under CAFA, what is the effect of the local controversy exception on federal jurisdiction when the class primarily resides in the forum state?
• 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?
• Which of the following statements accurately reflects §1335 interpleader requirements?
• For diversity purposes, a corporation is a citizen of how many states?
• When evaluating subject-matter jurisdiction, what is the 'claim’s syntax' test?
• How did 28 U.S.C. §1367 affect the Gibbs rule?
• What fundamental distinction exists between removal and remand in the federal-state judicial relationship?
• 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?
• When calculating a corporation’s principal place of business for diversity purposes, which standard is used?
• Federal-question removals are generally permitted when:
• Which statement correctly describes when a corporation is considered a citizen for diversity purposes?
• 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?
• Who has authority to issue a remand order in a removed case?
• What is the distinction between subject-matter jurisdiction and removal jurisdiction?
• A plaintiff asserts damages of exactly $75,000 on a single defendant. Does this meet the amount-in-controversy requirement for diversity jurisdiction?
• Under CAFA, which statement about diversity is accurate?
• 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?
• What is the effect of the dismissal of the federal claim on the court’s jurisdiction to hear related state-law claims under §1367?
• Elon Musk sues Edison in federal court in California for patent infringement. Edison moves to dismiss. What is the proper basis for jurisdiction?
• Which statement about trusts for diversity counting is accurate?
• What best describes the Colorado River abstention doctrine?
• Which statement best describes complete diversity under traditional jurisdiction?
• What are the requirements for removal under 1443 for civil-rights claims?
• 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 Gordon v. Steele, establishing a new domicile requires physical presence in the new state and what else?
• Which statement about preemption and embedded federal issues is accurate for Grable jurisdiction?
• For purposes of alienage jurisdiction, what is the relevant domicile of a defendant?
• 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?
• What creates federal question jurisdiction?
• Which statement best describes the Grable framework for federal-question jurisdiction?
• The amount in controversy for diversity jurisdiction must exceed what amount?
• If a case presents both a federal question and diversity, what is the effect on federal subject-matter jurisdiction?
• 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?
• Is federal question jurisdiction present when the federal issue is raised only as a defense to a state-law claim?
• In a Michigan federal case involving Cordelia (domiciled in North Carolina) and Ryan, does diversity jurisdiction exist?
• Georgia was domiciled where when the Texas federal suit was filed?
• Which scenario destroys complete diversity for purposes of federal jurisdiction?
• A party may file a remand motion based on lack of subject matter jurisdiction at any time prior to final judgment.
• What is federal interpleader under §1335?
• In evaluating 1332 diversity, what is the significance of the 'domicile' concept for individuals?
• 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 describes the correct treatment of a corporation’s principal place of business for diversity purposes?
• 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 the CAFA class-action threshold for the number of class members?
• In a civil action where a plaintiff is from North Carolina and defendants are from South Carolina and North Carolina, is there complete diversity?
• Emilee sues Ochuko in federal court in North Carolina for negligence, seeking $75,000. Ochuko removes. Should the court grant remand?
• 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?
• Under Mas v. Perry, if a person relocates temporarily to another state but intends to return, where is the domicile?
• What is the purpose of 28 U.S.C. §1367 (supplemental jurisdiction)?
• Can a plaintiff aggregate claims to meet the amount-in-controversy from multiple defendants?
• What is the basic rule of complete diversity in a multi-party action?
• What is the concept of 'home-state' under CAFA, and how can it influence jurisdiction?
• How is jurisdiction affected when a party seeks to bring multiple claims under a single federal question?
• 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?
• For purposes of diversity jurisdiction, a partnership's citizenship is determined by the citizenship of its?
• The amount in controversy for a federal diversity case must exceed 75,000, excluding interest and costs. True or False?
• 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?
• 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?
• 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?
• Under Gibbs pendant jurisdiction, when may a federal court hear a related state-law claim?
• 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?
• How is the citizenship of an LLC determined for diversity jurisdiction?
• 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?
• Which statement best describes CAFA's minimal diversity concept?
• When measuring the amount in controversy, are punitive damages included?
• 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?
• Which statement about CAFA thresholds is true?
• In CAFA matters, which statement is accurate about CAFA criteria?
• Under what conditions might a federal court abstain under Colorado River?
• Under the Mottley rule, to establish federal-question jurisdiction, the federal question must appear:
• Which statement best describes the relationship between the nucleus of operative fact and supplemental jurisdiction?
• 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 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 combination of elements triggers federal jurisdiction under the Class Action Fairness Act (CAFA)?
• The forum defendant rule applies to removals based on diversity; which statement is correct?
• Which scenario would not establish federal-question jurisdiction under preemption?
• 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?
• 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?
• Where was Phyllis domiciled when the lawsuit was filed in federal court?
• What is the CAFA threshold for the total amount in controversy?
• 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?
• Under 1367, when can a state-law claim incidental to a federal issue be included under supplemental jurisdiction?
• 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:
• Which factor demonstrates lack of intent to remain indefinitely in a state for purposes of establishing domicile for diversity?
• Class Action Fairness Act jurisdiction: what are the basic thresholds for class actions?
• Under §1447(c), remand timing requirements?
• 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 art and copyright cases under §1338, what creates federal jurisdiction?
• How is alienage jurisdiction treated for federal SMJ?
• In diversity jurisdiction, what must the amount in controversy do?
• Domicile for diversity purposes requires which combination of elements?
• Which statement about removal is accurate?
• What is the basic purpose of 28 U.S.C. § 1441 (Removal) and what triggers a case’s eligibility for removal?
• 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?
• 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?
• In the arising under context, federal jurisdiction may exist when:
• What is the difference between a compulsory and a permissive counterclaim in relation to jurisdiction under 28 U.S.C. §1338 and §1367?
• 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 test determines a corporation's principal place of business for diversity purposes under 28 U.S.C. 1332?
• What is the primary effect of the Grable decision on federal-question jurisdiction?
• What is the central aim of supplemental jurisdiction under §1367?
• Under the Grable standard, an embedded federal issue may support removal only if:
• 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?
• What is the Grable framework for establishing federal-question jurisdiction when a federal issue is embedded in a state claim?
• If a complaint seeks removal but fails to allege jurisdiction adequately, a defendant:
• 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?
• Under 1367, when may a federal court exercise jurisdiction over state-law claims that are part of the same case?
• How does aggregation work when there are multiple plaintiffs or multiple claims to satisfy the amount-in-controversy?
• What is the difference between a federal-question claim and a Grable claim in terms of the basis for jurisdiction?
• Which scenario most likely triggers Colorado River abstention?
• Mottley v. Osborn holds that federal question jurisdiction is not created by anticipated defenses. Under Mottley, when is a federal question properly found?
• How is the citizenship of unincorporated associations determined for diversity purposes?
• 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?
• 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 is fraudulent joinder, and how does it affect removal?
• A plaintiff sues for exactly $75,000 and every defendant is from a different state from the plaintiff. Does diversity jurisdiction exist?
• Which requirement is NOT part of the Grable standard for an embedded federal issue to support removal?
• Which statement best captures the default rule for federal-question removal based on the face of the complaint?
• 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 statement best describes a scenario where remand may be appropriate due to removal defects?
• What is the Mottley rule?
• Which scenario most likely triggers Colorado River abstention?
• Under CAFA, which statement is true about removal eligibility?
• Removal jurisdiction allows removal if the case could have been filed originally in federal court under which basis?
• 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?
• What does 28 U.S.C. §1335 provide in class action interpleader?
• How is the citizenship of a corporate defendant determined for diversity jurisdiction?
• Adequate jurisdictional allegations in a complaint seeking removal are intended to ensure:
• What is the basic rule of federal-officer removal under §1442(a)(1)?
• The Grable standard requires the embedded federal question to be:
• 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?
• Under the general rule, removal to federal court is permissible when?
• 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?
• In art and copyright cases, which statement describes the source of federal jurisdiction under §1338?
• Under 1338 and 1367, how are compulsory counterclaims treated for jurisdiction if they arise under federal law? The difference to 1338 vs 1367.
• Which statement best describes supplemental jurisdiction under 1367(a)?
• What is diversity jurisdiction and what does the requirement of complete diversity mean in practice?
• Under traditional diversity jurisdiction, which statement is true?
• Which statement describes when removal to federal court is permissible?
• 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?
• When can federal courts hear patent or copyright claims, and under what statute?
• What is a remand order, and when may a federal court remand a case to state court?
• 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?
• Under CAFA, a class action is eligible for federal jurisdiction if:
• For diversity purposes, a partnership is a citizen of which states?
• 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?
• Which statement best describes supplemental jurisdiction under §1367 as refined by the case law?
• Under the Mottley rule, can defenses or counterclaims create federal-question jurisdiction?
• 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?
• 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?
• What is the general rule about removal time limits under 28 U.S.C. §1446(b) for most cases?
• Under the Hertz nerve center test, Paxton corporation's principal place of business is in which state?
• What is the general rule regarding the relationship between federal-question jurisdiction and supplemental jurisdiction under 1367?
• How is the citizenship of a trust determined for diversity purposes?
• If a case involves both a federal question and diversity, what jurisdiction exists?
• Which statement best describes the Grable test in federal-question jurisdiction?
• 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?
• How is the citizenship of a trust treated when counting diversity under §1332, and what distinguishes a trust from a mere property holding?
• What is the statutory amount-in-controversy threshold for diversity jurisdiction, and how is it measured when the complaint does not specify damages clearly?
• In alienage jurisdiction, which factor is crucial in defining domicile?
• Which statement about 28 U.S.C. 1367(a) is true?
• How does §1367(a) define the scope of supplemental jurisdiction, and what is the default presumption about its availability?
• In evaluating 1332 diversity, what is meant by the 'principal place of business' for corporations, and how did the Hertz decision affect this?
• What are the two principal bases for original federal subject-matter jurisdiction?
• 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?
• Can a case be removed to federal court on the basis of a federal question even if the parties are not diverse?
• 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?
• Which scenario would be most likely to give rise to federal-question jurisdiction under Grable?
• Which factor is essential to determine if a claim arises from the same nucleus of operative fact for supplemental jurisdiction under 1367?
• 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?
• 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?
• Which statement best describes Grable jurisdiction?
• When a case is removed on diversity grounds, what happens if a later-joined defendant destroys complete diversity?
• In a diversity-jurisdiction analysis, where is Calvin domiciled for purposes of federal subject-matter jurisdiction?
• 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?
• A plaintiff from Georgia sues a defendant from Georgia and a defendant from Florida in federal court based on diversity. Is there complete diversity?
• A single plaintiff from Illinois sues three defendants: two from Illinois and one from New York. Is there complete diversity?
• 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)?
• How is the citizenship of partnerships and LLCs treated for diversity purposes?
• Regarding diversity-based removal, when may removal not occur?
• How is a corporation’s citizenship determined for purposes of diversity jurisdiction?
• If a nondiverse defendant is added after removal, what is the effect on removal and diversity?
• Which of the following is NOT one of the Grable factors for establishing federal-question jurisdiction?
• 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?
• 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?
• Where was Donna domiciled during the relevant time for the domicile question?
• 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 statement best describes the effect of a patent claim when state-law claims are also present in the case?
• Under the nerve center concept, which statement is true about corporate citizenship for diversity purposes?
• Which statement best describes removal to federal court under §1441?
• What is the significance of the 'nerve center' concept in corporate diversity analysis?
• How is the citizenship of an unincorporated partnership or other unincorporated association determined for diversity jurisdiction?
• Under which statute is diversity jurisdiction granted?
• In an interpleader action under §1335, what level of diversity is typically required among claimants?
• When does the one-year limit on diversity-based removal apply?
• 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?
• What role does the “well-pleaded complaint” rule play in determining federal jurisdiction when state-law claims are involved?
• 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.
• When is removal based on diversity available?
• What is the threshold and concept for 'minimal diversity' under CAFA?
• Which statement correctly describes the forum defendant rule's scope?
• How does CAFA interact with traditional diversity jurisdiction in terms of citizenship standards?
• What does minimal diversity mean under CAFA?
• 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?
• A case removed to federal court after service of the initial complaint; the removal is filed 45 days after service. Is removal proper?
• Which statement describes supplemental jurisdiction under 1367 when a civil action includes both federal and state-law claims?
• 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.
• For diversity jurisdiction in federal court, which condition must be met?
• Which scenario demonstrates the forum defendant rule preventing removal based on diversity?
• If a class action includes 90 members, can CAFA jurisdiction attach?
• 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?
• How does the term 'arising under' apply to patent and copyright claims under §1338?
• Under CAFA, what does minimal diversity mean?
• Under the forum defendant rule, removal based on diversity is barred when which condition exists?
• 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.
• What are typical grounds for remand under 28 U.S.C. §1447(c)?
• 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 attribute is NOT required for embedded federal jurisdiction under Grable?
• Applying Mas v. Perry, where is Peter domiciled?
• Under §1367(c), when may a federal court decline to exercise supplemental jurisdiction over state-law claims?
• Under CAFA, which factor is NOT a threshold for federal jurisdiction over class actions?
• Which doctrine is described as allowing claims arising from the same core events or facts to be heard together in federal court?
• 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 1367, when may a district court dismiss the state-law claim or the entire case as a discretionary matter?
• Grable test components essential for federal jurisdiction include which of the following?
• Which statement correctly describes federal-question jurisdiction and diversity jurisdiction?
• 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?
• In class-action interpleader under §1335, which party is the stakeholder?
• 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?
• Which of the following statements correctly identifies two common CAFA carve-outs that can compel remand to state court?