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CIVIL PROCEDURE SECTION F

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					   CIVIL PROCEDURE
    SECTIONS C & F
             Fall 2005
         August 31 2005
               Class 5
Subject Matter Jurisdiction: Diversity
           and Alienage
                WRAP UP
• You should understand one major type of
  limited subject matter jurisdiction of a federal
  court: federal question jurisdiction
• You should also know that despite the
  similarity of language between 28 U.S.C. s.
  1331 and the Constitution Art. III s. 2, the
  Supreme Court has interpreted the reach of the
  statute much more narrowly than the
  constitutional scope of the arising under
  jurisdiction.
  The Aftermath of Louisville &
      Nashville v. Mottley
• Supreme Court reverses and remands with
  instructions to circuit court to dismiss for lack of
  jurisdiction. Action recommenced in a state court
• Action eventually ends up in the U.S. Supreme
  Court
• U.S. Supreme Court finally rules on the merits
• The Mottleys lose (see 219 U.S. 467 (1911)).
       Article III Section 2
The judicial power shall extend to all cases, in law
  and equity, arising under this Constitution, the laws of
  the United States, and treaties made, or which shall be
  made, under their authority;--to all cases affecting
  ambassadors, other public ministers and consuls;--to
  all cases of admiralty and maritime jurisdiction;--to
  controversies to which the United States shall be a
  party;--to controversies between two or more states; --
  between a state and citizens of another state; --between
  citizens of different states;--between citizens of the
  same state claiming lands under grants of different
  states, and between a state, or the citizens thereof, and
  foreign states, citizens or subjects.
  DIVERSITY JURISDICTION
• U.S. Constitution Article III section 2 states:
  “The judicial Power [of the United States]
  shall extend to . . . Controversies between
  Citizens of different States . . . and between
  a State, or the Citizens thereof and foreign
  States, Citizens, or Subjects.”
DIVERSITY and ALIENAGE
    JURISDICTION
           • Rationale?
           • Need for reform?
  Congressional Implementation
• 28 U.S.C. § 1332
• Is this grant narrower or broader than the
  grant of diversity jurisdiction in Article III
  sect. 2 of the U.S. Constitution?
     Restrictions on Diversity
            Jurisdiction
• 1. AMOUNT IN CONTROVERSY (St.
  Paul Mercury Indemnity Co. v. Red Cab Co.
  (1938)
• 2. COMPLETE DIVERSITY (Strawbridge
  v. Curtis (1806)
• 3. EXCEPTIONS (marital status, probate)
   Requirements for Diversity
• 1. CITIZENSHIP
• 2. COMPLETE DIVERSITY
• 3. AMOUNT IN CONTROVERSY
           Gordon v. Steele
• Citizenship of a natural person
• Timing of determining citizenship
CITIZENSHIP OF A NATURAL
         PERSON
• Based on idea of “domicile”

				
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posted:7/13/2013
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