In order for there to be federal jurisdiction, there must be subject matter jurisdiction: a federal question; or there must be diversity between the parties and a $75,000.00+ threshold amount claimed (in good faith) as damages. Diversity means no plaintiff can be domiciled in the same state as a defendant.
There also must be personal jurisdiction, which meas the court has authority to bind the party or property with its order. There must be more than ';Minimum contacts'; with the forum; through state long arm statutes, there must be sufficient contacts, i.e. doing business within the forum, owning property within the forum; in order for the person/property to be able to be bound by a court order.
In order to move a case from a state court to a federal court, 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 traditional rule giving the plaintiff the authority to make the decision on the proper forum.
Removal is governed by statute, 28 U.S.C. 搂 1441 et seq. With rare exceptions, a case may only be removed if, at the time of removal, the case could be filed in federal court. Thus, removal requires an independent ground for subject matter jurisdiction such as diversity jurisdiction or federal question jurisdiction. If removal is granted, the case will be removed to the federal district court which corresponds geographically to where the state action was initiated. Once removed, the case may be transferred or consolidated in another federal court, in full contravention of the plaintiff's original intent.
See the second link for more info.
Most of this I remembered; however, I did have to cheat at the end...Does anyone know at what point a civil case moves to federal?
sounds like you are a ';bit' or -mabe more- familiar with legal issues than the average joe, or mabe you're just very asstute... If you have an attorney ask....don't waste your money wondering, If you are an attorney ..... well...hum.....
If your attorney has wronged you';good luck'; look at your agreement/contract with the attorney...it probably has protection for him or her ... If not, study the law-quickly- It will be a rare occasion to find an attorney willing to go nose to nose with another outside of their own safety zone.
If you are a lay person ';everyone else'; start studying; A good place to start is by getting the free trials available on westlaw/lexus/lois. etc.... plus your state's judicial websites ......... good luck
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