Thursday, Aug. 31

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

domicile

intent to remain indefinitely v intent to remain indefinitely v. intent to make it your home (even if not permanently)

no intent to make home but intend to remain indefinitely – Gordon no intent to remain indefinitely but intend to make home – Michael Green example

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;

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

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

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

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

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

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

- 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

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?

does it matter that Jean Paul only recovered $5000?

P (NY) seeks to recover funds he believes are due to him under the will of X (CA) P sues X’s executor D (CA) for the funds in federal court SMJ?