removal

(redirected from removals)
Also found in: Dictionary, Thesaurus, Medical, Encyclopedia.

Removal

The transfer of a person or thing from one place to another. The transfer of a case from one court to another. In this sense, removal generally refers to a transfer from a court in one jurisdiction to a court in another, whereas a change of venue may be granted simply to move a case to another location within the same jurisdiction.

Normally a plaintiff has the right to choose the court where he or she will commence an action. An important exception to this rule is the defendant's right, in some circumstances, to have a case removed from a state court to a federal court. Federal law explains this right of removal in detail. It is available only when the federal court has jurisdiction, or authority, to hear such a case. The right may be claimed only by a defendant; a plaintiff cannot petition for removal of a case he or she has commenced in state court, even after the defendant asserts a counterclaim against the plaintiff that would justify the exercise of federal jurisdiction.

If a plaintiff has more than one claim against a defendant, and not all of the claims qualify for removal, it is not clear whether the whole case should be sent to the applicable federal court. Sometimes the individual claims that support federal jurisdiction can be severed and heard in federal court individually. This can be done if the removable claims are sufficiently distinct that they can be determined on their own. Otherwise they must be tried together. A federal court has discretion to weigh the circumstances and decide each case on its own facts. The right of the plaintiff to pick the court must be balanced with the right of the defendant to use a federal court when there is federal jurisdiction. The same considerations apply when there are multiple defendants, and some are entitled to removal of the case but others are not. If there are multiple defendants and multiple claims, the reasoning can become rather confusing.

The process of removal raises serious questions concerning Federalism, the relationship of the states and the federal government. The idea of a federal court ousting a state court from a lawsuit already pending in the state is somewhat unsettling. The removal procedure itself emphasizes the potential for conflict. A person who is sued in a state court files a petition in the nearest federal court asking for removal of the action, which has the effect of removing the action to the federal court. A copy of that petition is then filed in the state court. The state court can take no further action whatsoever unless, and until, the federal court remands, or sends, the case back to it. The procedure generally works well because federal judges are careful to recognize the legitimate interests of the states in determining causes that are not necessarily federal in nature.

Cross-references

Federal Question.

removal

n. 1) the change of a legal case from one court to another, as from a state court to federal court or vice versa based on a motion by one of the parties stating that the other jurisdiction is more appropriate for the case. 2) taking away the position of a public official for cause, such as dishonesty, incompetence, conviction of a crime, or successful impeachment.

removal

noun abatement, abolition, amotio, banishment, cashiering, change of place, conveyance, debarment, deduction, demission, demotion, departure, deportation, deposal, deposition, deprivation of office, discard, discharge, disemployment, dislodgment, dismissal, displacement, divestment, ejection, elimination, eradication, erasure, evacuation, evulsion, exception, excision, exclusion, exile, expulsion, extermination, extirpation, extraction, extrication, layoff, noninclusion, obliteration, omission, ousting, purge, reallocation, rejection, relegation, remotion, retreat, riddance, segregation, separation, shift, sublation, subtraction, suppression, taking away, transfer, transference, transhipment, translocation, transplantation, transportation, unseating, withdrawal
Associated concepts: removal from office, removal of cloud from title, removal to federal court
See also: absence, avoidance, banishment, cancellation, deduction, defeasance, deportation, diminution, discharge, dismissal, distress, eviction, evulsion, exception, exclusion, expropriation, expulsion, flight, foreclosure, homicide, layoff, leave, loss, obviation, ouster, rejection, replacement
References in periodicals archive ?
Pool removal services are highly contested in the many Northern Virginia counties they serve, such as Fairfax.
Although reasons for dam removal have included safety concerns and high maintenance costs, environmental restoration has increasingly been used to justify the action.
The city is offering a tattoo removal service to residents willing to trade community service hours and classroom instruction for the free laser treatment.
Four of them said that a trial must decide whether the removals were for valid politically neutral reasons, or whether the removal rested on the board's disagreement with the books' contents.
mandates that a building owner or tenant must either remove these barriers or make a "good faith effort" to comply through the implementation of a "Barrier Removal Plan": a report on the inspection of the premises identifying barriers, if any, with proposed solutions for removals to meet the guidelines, and approximate costs for the modifications; the responsible party (owner or tenant) can then decide what is "readily achievable" based upon financial statements of the place of business and determine if and when the removals should be completed, or alternate methods of serving the disabled public provided.
Southwest Research Institute(tm) (SwRI(tm)) will host the 2002 Aerospace Coatings Removal and Coatings Conference May 6-9, 2002, at the Adams Mark Hotel in Daytona Beach, Fla.
According to All Removals London Owner, Krzysztof Niecikowski, the "Student Removals" services officially start on August 25th, 2015.
The report recommends that governments use and build on existing institutions to implement the IJC's recommendations and that governments should develop standards and procedures for removals and major new or increased consumptive uses.
com)-- Leading Issaquah-based trash removal company Truck with a Guy has just announced that they're now serving the greater Seattle area as well as Issaquah, Sammamish and Bellevue with their expert junk removal services.
With manufacturing enterprises across Surrey and Sussex looking to consolidate expenditure by out-sourcing key elements of their logistics processes, it has become imperative for such companies to partner with leading businesses in the removals field.
The leadership at Guildford house removals' experts Cooks Removals has created a proactive, high functioning team that understand the dynamics involved in professional removals operations.
Cooks Removals offers a full range moving service that provides: moving house, moving company and storage for both residential and commercial clients.