Professional Documents
Culture Documents
I. Personal
A. Relates to over whom a court may exercise jurisdiction, which relates
to whether or not a party may be bound by a given court’s judgment.
A. Diversity Jurisdiction
1. Arises out of Article III, Section 2 of the U.S. Constitution:
“The judicial power shall extend to all cases, in law and
equity. . . between citizens of different states.”
3. Complete Diversity
a. Strawbridge v. Curtiss illustrated the complete diversity
requirement, meaning that for federal jurisdiction to be
proper under § 1332(a)(1), “each distinct interest should
be represented by persons, all of whom are entitled to
sue, or may be sued, in the federal courts.”
4. Determining Citizenship
a. Individuals—are citizens of the state in which they are
domiciled. One’s domicile need not be the same as one’s
residence. A change in domicile can only be effected by
a) taking up residence in a different domicile (objective)
b) with the intention to remain there (subjective). In order
to be a citizen of a state, one must be a citizen of the
United States. Mas v. Perry.
5. Alienage
a. 28 U.S.C. § 1332(a)(2): “The district courts shall have
original jurisdiction of all civil actions where the matter
in controversy exceeds the sum or value of $75,000,
exclusive of interest and costs, and is between. . . citizens
of a State and citizens or subjects of a foreign state.”
C. Amount in Controversy
1. Threshold sum (now $75,000) must be met in request for
relief in good faith. The sole fact the amount of recovery is
below the threshold amount does not retroactively render
diversity jurisdiction invalid. “It must appear to a legal
certainty that the claim is really for less than the jurisdictional
amount to justify dismissal. The inability of the plaintiff to
recover an amount adequate to give the court jurisdiction does
not show his bad faith or oust his jurisdiction….” Mas v.
Perry.
D. Generally
1. Lack of subject matter jurisdiction can be raised at any time,
by any party (including the judge, sua sponte).