Question

When a plaintiff files a case involving concurrent jurisdiction in state court, the defendant has a right of _____. This right entitles the defendant to transfer the case to federal court.

Answer 1

Answer:

Right of removal

Explanation:

The right of removal is the right a defendant has to transfer a case from a court in a particular jurisdiction to another court in another jurisdiction. In other words, a defendant has the right to move a case from the state court to the federal court. This only occurs if it is in the authority or jurisdiction of the federal court to hear that case.  

Normally a plaintiff who filed the case in court has the right to choose of determine the court he or she will like the case to be judged, but it is an exception to the rule for the defendant to move the case from the state court to the federal court. The limited rights of the defendant to removal of cases from the state to the federal court was expressed in the Judiciary Act of 1789.