Asked by Jaylen Maloy on Jun 10, 2024
Verified
If a plaintiff files a case in state court that could also have been filed in federal court, does the defendant have any say in where the case is heard?
A) The defendant has a right to move the case to federal court.
B) The defendant can have the case moved to federal court only if federal jurisdiction question is involved.
C) The defendant can have the case moved to federal court only if the state trial court judge grants permission at his or her discretion.
D) The defendant can have the case moved to federal court only if the plaintiff's filing expenses in state court are paid by the defendant.
E) The defendant has no choice, and the case will stay in state court.
Federal Court
courts established by the constitution or laws of the United States that have jurisdiction over federal laws, interstate matters, and other specific cases.
State Court
Courts that have jurisdiction over disputes involving state laws and constitutions.
Federal Jurisdiction
The legal authority granted to federal courts and agencies to hear and decide cases that involve the U.S. Constitution, federal laws, disputes between states, or parties from different states.
- Explain the distinct and shared authority of state and federal courts regarding specific case categories.
- Grasp the procedural and jurisdictional nuances in filing and appealing cases within the U.S. legal system.
Verified Answer
LC
Larone ClarkeJun 13, 2024
Final Answer :
A
Explanation :
The defendant has the right to "remove" a case to federal court if the case could have been filed there initially, based on either federal question jurisdiction or diversity jurisdiction. This does not require the state court's permission or the payment of the plaintiff's filing expenses.
Learning Objectives
- Explain the distinct and shared authority of state and federal courts regarding specific case categories.
- Grasp the procedural and jurisdictional nuances in filing and appealing cases within the U.S. legal system.