Two-Minute MBE Question: Civil Procedure (removal)

Here, we discuss how to approach the following Civil Procedure MBE question in two minutes. Read the question below then check out the YouYube video below for an answer explanation in less than two minutes!

Civil Procedure Question:

A man sued his boss in state court, alleging claims for nonpayment of wages under both state and federal law. The man’s friend, who was an attorney, advised the man to remove the case to federal court on the basis of federal question jurisdiction because he thought the federal court would be more sympathetic to the man’s claim. The man thereafter promptly removed the case to federal court. The man’s boss made a timely motion to remand the case to state court.

How will the federal court proceed?

(A) It will hear the federal claims but not the state claims.
(B) It will hear the entire case because it was timely removed and involves a federal question.
(C) It will remand the case unless the amount in controversy exceeds $75,000.
(D) It will remand the case to state court.

Civil Procedure Video Answer Explanation:

Looking for the written answer explanation?

You can find the answer to the MBE question in the video above or the text below. Just click “SHOW ANSWER”

SHOW ANSWER

(D) is the correct answer. Remember that a defendant may remove a case to federal court. However, a plaintiff may not remove the case to federal court. (A plaintiff could simply file the case in federal court to begin with!) Thus, the court will remand the case to state court and will not hear the case.

(A) is incorrect. When a case is removed, the entire case is removed. The state claims would be heard in federal court on the basis of supplemental jurisdiction if the federal court heard the case. Here, however, the federal court would not hear the case at all, as a plaintiff is not permitted to remove a case to federal court.

(B) is incorrect because plaintiffs are not permitted to remove cases to federal court. Only defendants are permitted to do so.

(C) is incorrect because this answer conflates federal question jurisdiction with diversity jurisdiction. There is no dollar amount required for a federal question case like there is for a case brought under diversity jurisdiction. Further, this answer does not recognize that the case will be remanded regardless of the amount in controversy.

Bar Exam Tip: Take note of the policies behind the rules. The reason that a plaintiff may not remove a case to federal court is because the plaintiff can control where the case is filed to begin with. If you remember this policy reason for the rule, you are more likely to correctly answer a question that tests this issue.

Looking to prepare for the bar exam early?

Sign up for our JD Advising Early Bar Prep campaign. We go over early bar prep tips in five minutes a day! It is a great way to get ahead while practicing social distancing and we also include more two-minute MBE questions like this one!

Looking to Pass the Bar Exam?

Free Resources:
- 🌟Bar Exam Free Resource Center: Access our most popular free guides, webinars, and resources to set you on the path to success.
- Free Bar Exam Guides: Expert advice on the MBE, the MEE, passing strategies, and overcoming failure.
- Free Webinars: Get insight from top bar exam experts to ace your preparation.
Paid Resources:
- 🏆One-Sheets: Our most popular product! Master the Bar Exam with these five-star rated essentials.
- Exclusive Mastery Classes: Dive deep into highly tested areas of the MBE, MEE, MPT, and CA bar exams in these live, one-time events.
- Specialized Private Tutoring: With years of experience under our belt, our experts provide personalized guidance to ensure you excel.
- Bar Exam Courses: On Demand and Premium options tailored to your needs.
- Bar Exam Crash Course + Mini Outlines: A great review of the topics you need to know!
🔥 NEW! Check out our Repeat Taker Bar Exam Course and our new premier Guarantee Pass Program!

Two-Minute MBE Question: Civil Procedure (removal)