Which term describes moving a case from a state court to a federal court to obtain federal jurisdiction?

• A. Federal question jurisdiction
• B. Diversity jurisdiction
• C. Removal
• D. Concurrent jurisdiction

Answer: (C)

Removing a case from state court to federal court is called removal. This is the process that lets a defendant transfer a civil action to federal court when the action could have been filed there originally, because a federal question is involved or because complete diversity of citizenship exists with the amount in controversy meeting the threshold. Removal is distinct from how federal jurisdiction is established in the first place (federal question or diversity) and from concurrent jurisdiction, which simply describes when both state and federal courts could hear a case. Once a case is properly removed, it proceeds in federal court; if it turns out there isn’t proper federal jurisdiction, it can be remanded back to state court.