Jurisdiction

Maybe if I write this on the blog, it will help me remember. I tend to think hard about the stuff I post.

Federal subject matter jurisdiction can be explained by two theories: 1) diversity jurisdiction and 2) federal question jurisdiction.

Diversity jurisdiction exists where the plaintiff and the defendant are domiciled in two different states, and the amount in issue is greater than $75,000. If one of the parties is a corporation, the corporation must be considered a citizen of the state in which it is incorporated and the state in which it has its principal place of business. Pesky corporations! A corporation is like a person ... except it can be in more than one place at the same time. But moving on ...

Federal question jurisdiction exists where the case or controversy at hand is properly addressed by federal law rather than state law. In other words, "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 28 U.S.C. 1331. There is no longer an amount in controversy requirement for federal question jurisdiction.

So there we have it, in all its glory. I hope. At any rate, the time has come to close the books, and go out for a gin and tonic. Happy Friday to you and yours.