Thursday, Aug. 24

subject matter jurisdiction

federal subject matter jurisdiction diversity and alienage jurisdiction

U. S. Const. Article III. Section. 2 U.S. Const. Article III.  Section. 2.  Clause 1:The judicial Power shall extend …to Controversies …between a State and Citizens of another State;--between Citizens of different States…and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. 

Sec. 1332. - Diversity of citizenship; amount in controversy; costs (a) 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-- (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state, defined in section 1603(a) of this title, as plaintiff and citizens of a State or of different States.. . . (e) The word ''States'', as used in this section, includes the Territories, the District of Columbia, and the Commonwealth of Puerto Rico

what is domicile?

Gordon v. Steele, 376 F. Supp. 575 (W.D. Pa. 1974)

burden of proof is on…? who decides the factual question of domicile?

under both Idaho and Pennsylvania law, Gordon is domiciled in Pennsylvania does that matter?

domicile of choice

intent to remain indefinitely v. intent to make it your home

Gordon intends to remain indefinitely in Idaho/to make Idaho her home she leaves for Idaho but gets into an accident in Illinois on the way, remains there for recovery domicile?

would it matter that she had visited Idaho before the accident?

intent to remain indefinitely v intent to remain indefinitely v. intent to make it your home how does Gordon come out under each test?

what evidence did the court look to?

Krasnov v. Dinan, 465 F. 2d 1298 (3d Cir Krasnov v. Dinan, 465 F.2d 1298 (3d Cir. 1972) “Applying these principles to the evidence before the factfinder, we cannot construe, as clearly erroneous, its finding that the defendant ‘intended to remain in the Commonwealth for an indefinite period of time.’”

what if she intended to go to Colorado after graduation?

Michael Green, a Californian, moved to Virginia to take a job at William and Mary Law School he intends to return to California on his 65th birthday

not residence!

28 U.S.C. §1332(a) complete diversity complete alienage

Examples: is there federal SMJ under 28 USC 1332(a) Examples: is there federal SMJ under 28 USC 1332(a)? assumptions: - jurisdictional minimum is met - action is brought in federal court by the plaintiff - foreign national is domiciled in his own country (unless otherwise stated)

Californian sues a German (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.

Californian sues a New Yorker and a Californian (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.

does it make sense that there is no diversity under 1332(a) for such a case?

German sues a Frenchman (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.

New Yorker sues Californian and Frenchman (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.

A New Yorker and a German sue a Californian and a German (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.

Californian sues a French citizen admitted for permanent residency in the United States who is domiciled in California (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.

German sues French citizen admitted for permanent residency in the United States who is domiciled in California (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.

German sues French citizen admitted for permanent residency in the United States who is domiciled in California could Congress send this case to federal court?

U. S. Const. Article III. Section. 2 U.S. Const. Article III.  Section. 2.  Clause 1:The judicial Power shall extend …to Controversies …between a State and Citizens of another State;--between Citizens of different States…and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. 

Californian sues Elizabeth Taylor, an American national domiciled in France (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.

- Dred Scott, a slave owned in Missouri, is taken by his master to Wisconsin Territory (a free territory) - Scott lives there for a while and then returns with his master to Missouri. - Sanford, a New York citizen becomes Scott’s master - Scott sues Sanford in federal court to establish that his time in a free territory had made him free under state law - diversity jurisdiction?

A German sues a Frenchman and a New Yorker (1) citizens of different States; (2) citizens of a State and citizens or subjects of a foreign state, except that the district courts shall not have original jurisdiction under this subsection of an action between citizens of a State and citizens or subjects of a foreign state who are lawfully admitted for permanent residence in the United States and are domiciled in the same State; (3) citizens of different States and in which citizens or subjects of a foreign state are additional parties; and (4) a foreign state ... as plaintiff and citizens of a State or of different States.

A citizen of DC sues a Virginian under Virginia state law

1332(e) The word ''States'', as used in this section, includes the Territories, the District of Columbia, and the Commonwealth of Puerto Rico

is 1332(e) constitutional?

U. S. Const. Article III. Section. 2 U.S. Const. Article III.  Section. 2.  Clause 1:The judicial Power shall extend …to Controversies …between a State and Citizens of another State;--between Citizens of different States…and between a State, or the Citizens thereof, and foreign States, Citizens or Subjects. 

National Mut. Ins. Co. v. Tidewater Transfer Co., Inc. (1949)

Mas v. Perry, 489 F.2d 1396 (5th Cir. 1974)

were they domiciled in Louisiana…?

what happens to SMJ if Judy Mas receives Jean Paul Mas’s domicile at marriage?

what if the 5th Cir. had reversed the district court concerning SMJ?