MA Bar Practice Questions - Massachusetts Bar Examination (UBE) Exam

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A plaintiff from Massachusetts sues a defendant from New York in federal district court in Massachusetts, asserting a state-law negligence claim for $90,000. The defendant moves to dismiss for lack of subject-matter jurisdiction. How should the court rule?

Deny the motion, because the parties are completely diverse and the amount in controversy exceeds $75,000 Grant the motion, because state-law claims may never be heard in federal court Deny the motion only if the defendant consents to federal jurisdiction Grant the motion, because diversity jurisdiction requires the amount in controversy to exceed $75,000 and it does here, but the parties are not diverse

Correct Answer:

Deny the motion, because the parties are completely diverse and the amount in controversy exceeds $75,000

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