Basis Discrimination Diversity Vs Federal Question
This trap appears as a wrong-answer choice in 1 active question. Spotting how it is built is the repair: read each example's “why it's attractive” before the “why it's wrong.”
Subject distribution
- Civil Procedure1
Example wrong choices
17709_tutoring_tithe · CIVIL_PROCEDURE · Choice ANo, because unrelated claims can never be aggregated.
Why it's attractive
The 'never' is a tiered_absolute overclaim. The aggregation rule does NOT require relatedness when one plaintiff sues one defendant. The 'relatedness required' rule applies to multiple plaintiffs, not to one plaintiff.
Why it's wrong
The 'never' is a tiered_absolute overclaim. The aggregation rule does NOT require relatedness when one plaintiff sues one defendant. The 'relatedness required' rule applies to multiple plaintiffs, not to one plaintiff.
17709_tutoring_tithe · CIVIL_PROCEDURE · Choice BNo, because each individual claim must exceed $75,000.
Why it's attractive
The 'each individual claim must exceed $75,000' condition is a fabricated rule. A single plaintiff can aggregate to meet the threshold; the rule that each claim must independently exceed $75,000 is the multi-plaintiff rule, not the single-plaintiff rule.
Why it's wrong
The 'each individual claim must exceed $75,000' condition is a fabricated rule. A single plaintiff can aggregate to meet the threshold; the rule that each claim must independently exceed $75,000 is the multi-plaintiff rule, not the single-plaintiff rule.
17709_tutoring_tithe · CIVIL_PROCEDURE · Choice CYes, but only because the claims arise under federal law.
Why it's attractive
The student gets the answer right (yes) but for the wrong reason (federal question). The basis here is diversity, not federal question. The 'but only because' condition makes the federal-question basis dispositive when it is not.
Why it's wrong
The student gets the answer right (yes) but for the wrong reason (federal question). The basis here is diversity, not federal question. The 'but only because' condition makes the federal-question basis dispositive when it is not.
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