CIVIL PROCEDURE SECTIONS C & F Fall 2005 August 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 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”