Transcript Slides Class Five

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”