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Simple English definitions for legal terms
Removal
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A quick definition of Removal:
Term: Removal
Definition: Removal is when a person who is being sued in a state court can ask to move the case to a federal court instead. This can happen if the case could have been brought in federal court in the first place. However, there are some situations where removal is not allowed, and some situations where it is allowed even if the case could not have been brought in federal court originally.
A more thorough explanation:
Definition: Removal is the power of defendants in some state civil suits to move the case to federal court. This means that if the case could have been brought in federal court, a defendant may demand that the case be moved to federal court. There are some exceptions to this rule, and there are also some areas of law where removal is allowed even if the case does not meet the general rule.
Example: Let's say that a person is suing a company for breach of contract in a state court. If the company believes that the case could have been brought in federal court because there is diversity jurisdiction (meaning the parties are from different states), the company may demand that the case be removed to federal court.
Explanation: In this example, the company is using the power of removal to move the case from state court to federal court. This is because the case could have been brought in federal court due to diversity jurisdiction. By moving the case to federal court, the company may believe that it will have a better chance of winning the case.