Civil Law Questions
Explore questions in the Civil Law category that you can ask Spark.E!
What form is a for a juvenile summons (abuse/neglect/dependent)?
What form is the complaint for a domestic violence protective order?
What is the filing fee for a plaintiff in Superior Court?
What length of time does the respondent have to appear and answer the plaintiff's petition in a special proceedings summons?
What AOC form is for the notice of hearing in a power of sale foreclosure case?
What form is a for a juvenile summons (undisciplined/delinquent)?
What is the format for forms adopted by the North Carolina Administrative Office of the Courts?
Contents of the Notice of Hearing are listed in what General Statute?
John must serve 4 parties in order to satisfy his civil suit in small claims court, what is the fee that John must pay to the clerk of courts office?
What is the form for a Magistrate's summons?
In a special proceeding the plaintiff is called what?
Failure to Comply with DVPO (AOC-CV-308) must be served by the sheriff, how?
How long does a parent have to respond to a summons in proceeding to terminate parental rights?
For purposes of diversity jurisdiction, the state citizenship of an individual is determined by:A The state in which the person has his permanent home and to which he intends to returnB The state in which the person is currently residing, even if temporarilyC The state in which the person votesD The state in which the person has a valid driver's license or state identification card
For purposes of diversity jurisdiction, a corporation is considered to be a citizen of:A Every state in which it is incorporated and the one state in which it has its principal place of businessB The first state in which it was incorporated and every state in which it does substantial businessC The first state in which it was incorporated and the one state in which it has its principal place of businessD Every state in which it is incorporated and every state in which it does substantial business
A party's state citizenship for purposes of diversity jurisdiction is determined:A When the lawsuit is filedB When the cause of action accruesC When the lawsuit is filed, but if a party changes his state citizenship after the lawsuit is filed, the new state citizenship controlsD When the lawsuit is filed (for a claimant) or when process is served (for a defendant)
A citizen of State A asserted a state law claim of $80,000 against a citizen of State B in the federal district court. The State B citizen has a state law claim against another citizen of State B for $90,000 that arose out of the same transaction or occurrence as the original complaint. As a result, the State B citizen brought a third-party action against that person.Does the court have subject matter jurisdiction over the State B citizen's claim in the third-party action?A No, because the amount in controversy is insufficient.B No, because there is no diversity of citizenship.C Yes, because the requirements of diversity jurisdiction have been met.D Yes, because the court has supplemental jurisdiction.
If no federal question is involved and diversity does not exist when a case is commenced, removal will:A. Be permitted if the nondiverse parties are thereafter dismissed from the action and the requirements for diversity jurisdiction are thenB. Be permitted if the nondiverse parties are thereafter dismissed from the action, the requirements for diversity jurisdiction are then present, and not more than one year has passed since the case was commenced in state courtC. Not be permitted under any circumstancesD. Be permitted, because subject matter jurisdiction is not required for removal
An ecologist, a citizen of State A, sued a cab driver, a citizen of State B, in the federal district court in State C. The ecologist is seeking $77,000 in damages for tortious injuries caused by the cab driver's allegedly negligent driving while the ecologist and cab driver were in State D. The cab driver was served with process while on vacation in State C, in accordance with State C law.What is cab driver's strongest argument against litigating the case in State C?A court should dismiss lawsuit because it does not have subject-matter jurisdiction over the cause of action.B court should dismiss lawsuit because it does not have personal jurisdiction over the cab driver.C court should transfer the lawsuit to a State D state court because it is inconvenient for the cab driver to litigate in State C.D court should dismiss the lawsuit because State C is not a proper venue to litigate the cause of action.
A complaint _____ create federal question jurisdiction if it alleges federal issues only in anticipation of some defense.may will will not