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Encyclopedia > Removal jurisdiction

Justiciability
Advisory opinions
Standing  · Ripeness  · Mootness
Political questions
Jurisdiction
* Subject-matter jurisdiction:
Federal question jurisdiction
Diversity jurisdiction
Removal jurisdiction
Amount in controversy
* Personal jurisdiction:
Jurisdiction in rem
Minimum contacts
Federalism
Erie doctrine  · Abstention
Sovereign immunity  · Abrogation
Rooker-Feldman doctrine
Adequate and
independent state ground
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In the United States, removal jurisdiction refers to the power of a defendant to move a lawsuit filed in state court to the Federal district court of the original court's district. This is a general exception to the "well-pleaded complaint" rule giving the plaintiff the general authority to make the decision on the proper forum. Image File history File links Seal_of_the_United_States_Supreme_Court. ... This law-related article does not cite its references or sources. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action). These rules govern how a lawsuit or case may be commenced, what kind of service of process is required, the types of pleadings or... Justiciability is a term used in civil procedure to describe whether a dispute is capable of being settled by a court of law. ... An advisory opinion, in civil procedure, is an opinion issued by a court that does not have the effect of resolving a specific legal case, but merely advises on the constitutionality or interpretation of a law. ... In law, standing is the ability of a party to demonstrate to the court sufficient connection to and harm from the law or action challenged. ... In law, ripeness refers to the readiness of a case for litigation; for example, if a law of ambiguous quality has been enacted but never applied, a case challenging that law lacks the ripeness necessary for a decision. ... This article is about the law term moot. ... In United States law, a ruling that a matter in controversy is a political question is a statement by a federal court, declining to rule in a case because: 1) the U.S. Constitution has committed decision-making on this subject to another branch of the federal government; 2) there... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ... Subject matter jurisdiction is a legal term used in civil procedure to indicate that a case must be entered in the proper court of law based on the nature of the claim. ... Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution, laws, or treaties of... Diversity jurisdiction is a term used in civil procedure to refer to the situation in which a United States district court has subject matter jurisdiction to hear a civil case because the parties are diverse, meaning that they come from different states. ... Amount in controversy (sometimes called jurisdictional amount) is a term used in United States civil procedure to denote a requirement that persons seeking to bring a lawsuit in a particular court must be suing for a certain minimum amount before that court may hear the case. ... Personal jurisdiction, jurisdiction of (or over) the person, or jurisdiction in personam is the power of a court to require a party (usually the defendant) or a witness to come before the court. ... Sometimes a court may exercise jurisdiction over property located within the perimeter of its powers without regard to personal jurisdiction over the litigants; this is called jurisdiction in rem. ... Minimum contacts is a term used in the United States law of civil procedure to determine when it is appropriate for a court in one state to assert in personam jurisdiction (i. ... Federalism is the idea of a group or body of members that are bound together (latin: foedus, covenant) with a governing representative head. ... The Erie doctrine is a fundamental legal doctrine of Civil procedure in the American legal system that stems from Supreme court Justice Louis Brandeis watershed opinion in the landmark decision of Erie Railroad Co. ... An abstention doctrine is any one of several doctrines that a United States federal court might (or in some cases must) apply to refuse to hear a case, when hearing the case would potentially intrude upon the powers of the state courts. ... Sovereign immunity or crown immunity is a type of immunity that, in common law jurisdictions traces its origins from early English law. ... The abrogation doctrine is a doctrine in United States constitutional law which permits the U.S. Congress to allow lawsuits seeking monetary damages against individual U.S. states, so long as this is usually done pursuant to a constitutional limitation on the power of the states. ... The Rooker-Feldman doctrine is a rule of civil procedure enunciated by the United States Supreme Court in two cases, Rooker v. ... The introduction to this article provides insufficient context for those unfamiliar with the subject matter. ... A defendant or defender is any party who is required to answer the complaint of a plaintiff or pursuer in a civil lawsuit before a court, or any party who has been formally charged or accused of violating a criminal statute. ... A lawsuit is a civil action brought before a court in which the party commencing the action, the plaintiff, seeks a legal remedy. ... A court is an official, public forum which a sovereign establishes by lawful authority to adjudicate disputes, and to dispense civil, labour, administrative and criminal justice under the law. ... The United States district courts are the general trial courts of the United States federal court system. ... A plaintiff, also known as a claimant or complainant, is the party who initiates a lawsuit (also known as an action) before a court. ...


Removal is governed by statute, 28 U.S.C. §1441 et seq. Generally, a case may be removed if the original case could have been filed in federal court, but was not. Thus, removal requires an independent ground for jurisdiction such as diversity jurisdiction, federal question jurisdiction, or any other grant of federal jurisdiction. A statute is a formal, written law of a country or state, written and enacted by its legislative authority, perhaps to then be ratified by the highest executive in the government, and finally published. ... The United States Code (U.S.C.) is a compilation and codification of the general and permanent federal Law of the United States. ... Section can be: A cross section (in the common sense or the physics sense) In mathematics: A conic section A section of a fiber bundle or sheaf A Caesarean section In UK law, Section 28 In the fictional Star Trek universe, Section 31 A military unit A section (land) is... Et seq, an abbreviation of the Latin phrase et sequentia meaning and the following ones, is a legal term indicating that a writer is citing to a page and the pages that follow. ... In law, jurisdiction from the Latin jus, juris meaning law and dicere meaning to speak, is the practical authority granted to a formally constituted body or to a person to deal with and make pronouncements on legal matters and, by implication, to administer justice within a defined area of responsibility. ... Diversity jurisdiction is a term used in civil procedure to refer to the situation in which a United States district court has subject matter jurisdiction to hear a civil case because the parties are diverse, meaning that they come from different states. ... Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution, laws, or treaties of...


A case having non-federal separate and independent claims may also be removed. By themselves, these issues would not be removable because they usually involve questions of state law. A court has the discretion to accept the case as a whole or remand those issues of state law. Discretion describes the ability of a person in a position of power to make decisions regarding their application of that power. ...


State courts do not entertain questions of removal. Once a defendant has filed a motion to remove a case, any objection to removal is handled by the federal court. If a federal court finds that the motion was in fact defective or that the federal court does not have jurisdiction, the case is remanded to the state court. In law and in religion, testimony is a solemn attestation as to the truth of a matter. ... This article is in need of attention from an expert on the subject. ...


There is no reverse "removal." That is, there is no ability for a defendant to remove a case from federal court into state court.


External links

  • 28 U.S.C § 1441 - Actions removable generally


A case can only be removed by a defendant. Furthermore, a case is only removable if it could have been originally brought in federal court. The two statues granting subject matter jurisdiction to federal courts are 28 1331 and 1332, the federal question and diversity clauses. When you remove, the case will be removed to the federal district court which corresponds geographically to where the state action was initiated. It is not relevant whether that is an improper venue whereby the orginial case could not have been brought there initially. Finally, there is a clase that says that you cannot remove if any defendant is a citizen of the forum state where the suit is taking place. The policy for this rule is that diversity jurisdition is granted to prevent the defending party from being discriminated in a foreign forum. However, when a defendant is already in a local court, it is expected that they will not be prejudiced against. Even if there are multiple defendants, even if one lives in the state where the lawsuit is taking place, the removal action will not be possible. When defendants want to remove, they must do so within 30 days of receiving service of notice. Every defendant has to agree to remove or removal will not be possible. Finally, removal is only available one year after the suit was initiated. Thus, for example, in a suit between a Texas citizen against a Texas citizen and New York citizen will not be elegible for diversity. However, should the Texas defendant drop out of the claim, the New York citizen can remove as long as one year has not passed since the initiation of the suit.


 
 

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