WI Bar Practice Questions - Wisconsin Bar Examination Exam

Access More Questions

A plaintiff sues a defendant in federal district court for negligence under diversity jurisdiction. The plaintiff is a citizen of State A; the defendant is a citizen of State B. The amount in controversy exceeds $75,000. After answering, defendant moves to dismiss for lack of subject matter jurisdiction, arguing the case should be in state court. How should the court rule?

Grant the motion because state law claims belong in state court Deny the motion because diversity jurisdiction exists under 28 U.S.C. 1332 Grant the motion because diversity must be raised at filing Deny the motion only if both parties consent to federal jurisdiction

Correct Answer:

Deny the motion because diversity jurisdiction exists under 28 U.S.C. 1332

Access more questions from this quiz

Continue to WI Bar Practice Questions - Wisconsin Bar Examination Exam for more practice questions and the full quiz experience.

Access More Questions