Chapter 5 Civ Pro
Order by
18 terms
Terms | Definitions |
|---|---|
 1441a | Equal access - the D should only be entitled to remove if the case as pleaded by the P could have been filed in fed court initially |
| 1446(b)para 1 | If case is removable, the D's must remove it within 30 days of receiving complaint. |
| 1291 | Generally parties in fed cases may only appeal from final decisions of the district courts - all parties' objections to trial court's rulings will be resolved in one appeal |
| 1291(a)(1) | exception to the general rule (1291) - allows interlocutory appeals (an immediate appeal even if trial is pending in court) |
| 1441 | Removal |
| 1446(b)(1) | Remand |
| 41(a) | a party is entitled to voluntarily dismiss a case without leave of court before the D responds to the complaint |
| 1441(b) | prevents removal of a diversity case is any D is "a citizen of the State in which such action is brought". |
| 1446(d) | once case is removed, state court loses all power over it "state court shall proceed no further unless and until the case is remanded" |
| 1450 | "all injunctions, orders and other proceedings had in such action prior to its removal shall remain in full force and effect until dissolved or modified by the district court" |
| 41a | allows manipulation of the system? |
| 1442 | removal for federal officers |
| 1441d | removal of cases against foreign states |
| 1441e | removal of certain multi-party accident cases |
| 1443 | certain civil rights cases |
| 1441b | ... |
| 1446 | ... |
| 1447 | ... |
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