NH Bar Practice Questions - New Hampshire Bar Examination (UBE) Exam

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A New Hampshire resident sues an out-of-state defendant in federal court for exactly $75,000 in damages based on a state-law breach of contract. The defendant moves to dismiss for lack of subject-matter jurisdiction. The motion should be:

Denied, because the parties are diverse and that alone supports jurisdiction Granted, because the defendant did not consent to jurisdiction Denied, because contract claims are always within federal jurisdiction Granted, because the amount in controversy must exceed $75,000 and $75,000 does not satisfy that requirement

Correct Answer:

Granted, because the amount in controversy must exceed $75,000 and $75,000 does not satisfy that requirement

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