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Answered 2009-12-16 20:36:00

No. Only the Defendant has the right to remove. If the P wants to file the case in a federal court, they could have to get the case dismissed and re-file the case in the federal court. Plaintiff gets choice of forum, so if he wanted federal court, he should've filed it there initially.

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What is diversity citizenship in federal and state courts?

Diversity of citizenship allows the federal court to have jurisdiction over a matter that would otherwise be litigated in state court. If the issue being litigated is one of state law, and both parties are citizens of different states, and the amount at issue meets a certain level ($50,000?), the parties may choose to litigate the matter in federal court. The plaintiff may file as a federal law suit, or the defendant may "remove" it to federal court.

Are tobacco lawsuits being filed in federal court or in state court or both?

Cases will be filed in federal court if the plaintiff and the tobacco company are from different states. However, if a plaintiff sues the local stores he/she bought from the case may proceed in state court. However, tobacco companies will remove to federal court under theories that federal warning laws preempt state claims. A federal judge then decides to keep the case in federal court or remand to state court.

What type of jurisdiction is it when a case can be heard in either federal or a state court?

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What is a warrant of extradition?

It entitles the legal jurisdiction that 'wants' you to take legal action to remove you from another legal jurisdiction which is 'holding' you, and take you back to the 'wanting' jurisdiction.

Can not remove a child from the jurisdiction of this court?

The court can make it illegal for one or both parents to remove a child that is currently part of a custody case to be removed from the jurisdiction of that court system.

Which court federal or state would hear a case involving citizens of two different states?

Sometimes either. A civil case may be tried in the state of the party filing suit, or a party can invoke federal diversity jurisdiction and remove the case to federal court if the amount of the claim is in excess of $75,000.

Why is the capital of the United States located in the District of Columbia?

The District of Columbia was created to be the capital, to remove it from the jurisdiction of any individual state and place it in the control of the Federal government. The site was chosen by George Washington

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The law is quite likely different from jurisdiction to jurisdiction, but one would reasonably believe that only the person(s) that own the plot can legally remove (or approve the removal) of a headstone.

Can a bailiff remove goods from a house not belonging to the plaintiff?

he better have a court order, even if it is a civil suit, they cannot remove any goods with out a warrant or an order

How did John Marshall remove Indians?

He didn't. Chief Justice John Marshall opposed the federal government removing the Cherokee from their land, but never had an opportunity to hear a case against the United States in which the Supreme Court had appropriate jurisdiction to issue a ruling.

How do you remove a squatter from your property?

You can try the police first, and if the police are unable, you will have to resort to eviction laws in your jurisdiction.

Can you remove someones personal property left at your apartment?

The laws for how to handle and/or dispose of so-called "abandoned property" vary from jurisdiction to jurisdiction. Contact your local authories and ask what you have to do to consider it "abandoned."

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What enumerated powers does Congress not have?

the power to remove federal justices .... ;)

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The federal government and Winfield Scott.

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That depends on the state or jurisdiction. The court can do so in many states.

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Yes. States can additional restrictions to, but not remove restrictions from, the federal laws.

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Congress establishes lower federal courts Congress can impeach and remove federal judges

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If the Fed wants to raise the federal funds interest rate, it will sell securities to remove reserves from the banking system.

Can the Senate remove federal officials from office?

The Senate can remove Federal officials from office. The Senate is responsible for initiating an impeachment of a President of the United States. The Senate can also vote to have a member of the Senate removed for misconduct.

Has Congress ever limited the appellate jurisdiction of the US Supreme Court?

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What does a 'Motion to Strike Defendant's Pro Se Answer' mean?

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Can you remove the smog pump on a 1983 Elcamino?

Not legally according to Federal Law.