Thursday, November 7, 2019

Mike, a resident of Georgia, sues Company A in state court in Georgia for negligence alleging personal injury and property damage of $100,000

Mike, a resident of Georgia, sues Company A in state court in Georgia for negligence alleging personal injury and property damage of $100,000 after a truck driven by an employee of Company A strikes his pick-up truck in the rear. Company A is incorporated in Delaware, has its headquarters in New York, but does a substantial amount of business in Georgia. Company A seeks removal to federal district court, but Mike opposes the motion. Which of the following is true regarding whether the case may be properly removed to federal district court? 
A. 
The amount in controversy satisfies diversity requirements; and if Company A's nerve center is in a state other than Georgia, then the case may be properly removed to federal court.

B. 
The amount in controversy satisfies diversity requirements; and because Company A is incorporated and has its headquarters in a state other than Georgia, the case may be properly removed to federal court.

C. 
Because the amount in controversy satisfies diversity requirements and Company A is incorporated in a state other than Georgia, the case may be properly removed to federal court regardless of where Company A's headquarters, nerve center, or principal place of business is located.

D. 
Because the amount in controversy satisfies diversity requirements and Company A is headquartered in a state other than Georgia, the case may be properly removed to federal court regardless of where Company A is incorporated and regardless of the location of its nerve center.

E. 
Because the amount in controversy fails to satisfy jurisdictional requirements, regardless of the location of Company A, the case may not be removed to federal court.


In what state is XYZ Bank, a federally chartered bank, considered a citizen? 
A. 
The bank is considered a citizen of any state in which it is located, meaning any state in which the bank has branches.

B. 
The bank is considered a citizen of the state in which it is located, meaning the state in which its main office as specified in its articles of incorporation is located.

C. 
The bank is considered a citizen only of Washington D.C.

D. 
The bank is considered a citizen only of the state in which it does its largest volume of business.

E. 
The bank is considered a citizen of Washington D.C. and also of the state in which it does its largest volume of business.


Which of the following is true regarding the use of peremptory challenges based on gender? 
A. 
Peremptory challenges may not be based on gender unless a sexually based crime, such as rape, is involved.

B. 
Only one peremptory challenge per party may be based on gender.

C. 
Peremptory challenges may be based on gender only so long as lawyers for all parties agree.

D. 
Peremptory challenges may be based on gender.

E. 
Peremptory challenges may not be based on gender.

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