Civil Procedure · Lesson 13
Removal
這一課問的是：D 是否得依 §1441 將案件由州法院移送至聯邦法院？
ActorActObjectStandardConsequence
Core Terminology · 7 must-know
Tap a card to flip and reveal the meaning.
removal
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§1441: defendant may remove to federal court.
移送。
original jurisdiction
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Case must have been one that could have been brought in federal court.
原始管轄。
home-state defendant rule
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§1441(b): diversity removal barred if any D is a forum-state citizen.
本州被告規則。
unanimity rule
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All Ds must consent.
一致規則。
30-day rule
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Notice of removal due within 30 days.
30 日規則。
Rule Sentence · the workhorse
A defendant may remove a state-court action to federal court under §1441 if the federal court would have had original jurisdiction; in diversity cases, removal is barred if any defendant is a citizen of the forum state, and all defendants must consent within 30 days.
Mini IRAC · build the Application
Issue. May D remove P's state-court suit to federal court when P (NY) sued D (CA) in NY state court for $100,000 on a state-law claim?
Rule. A defendant may remove if the federal court would have original jurisdiction, except in diversity cases where any defendant is a citizen of the forum state.
Application (model). P (NY) sued D (CA) in NY state court for $100,000. The case has diversity (complete) and AIC > $75,000, so federal court has original jurisdiction. Because §1441(b) bars diversity removal if any defendant is a citizen of the forum state, the fact that D is a CA citizen — not a NY (forum) citizen — means the home-state defendant bar does not apply.
Pick the right element for each blank:
g1.
g2.
Conclusion. Therefore, D may remove the case to the federal court.
Practice Drill · tap to build the rule
Drop the chips here in correct order:
Tap chips to add → tap chips in the target to remove: