Mon., Sept. 16

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Mon., Sept. 16
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federal subject matter jurisdiction
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federal question(or arising under)jurisdiction
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U.S. Const. 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
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28 U.S.C.   1331. - Federal questionThe
district courts shall have original jurisdiction
of all civil actions arising under the
Constitution, laws, or treaties of the United
States.  
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I am a beneficiary of a trust and sue the trustee
for breach of fiduciary duty (a state law cause
of action) because he has invested in illegal
securities in violation of the trust the
securities are illegal because they are in
violation of federal lawfederal question?
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declaratory judgment actions?
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- D lies to P in connection with the purchase of
a financial instrument- P sues D in federal
court under the federal Securities Exchange Act
(SEA), claiming the instrument is a security
and so also covered by the Act- federal question
is the source of SMJ- P also brings a state law
fraud action in under supplemental jurisdiction-
court concludes that the instrument is not a
security within the meaning of the Act - it
therefore dismisses the SEA action- failure to
state a claim (in which case state law action may
remain) or lack of SMJ?
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- You hit me in the face and I bring an action
against you in federal court (using federal
question jurisdiction as my source of subject
matter jurisdiction) for a violation of the
Securities Exchange Act. - I join a state law
battery action under supplemental jurisdiction
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federal subject matter jurisdictiondiversity
and alienage jurisdiction
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U.S. Const. Article III. Section. 2. Clause
1The judicial Power shall extend to
Controversies between a State and Citizens of
another State--between Citizens of different
Statesand between a State, or the Citizens
thereof, and foreign States, Citizens or
Subjects. 
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Citizen of a State US national who is domiciled
in a US state (or US territory or DC)
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Constitutional scope of diversityminimal
diversity Is any P a citizen of a different
state than any D?
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Californian v. Californian and New Yorker? -
minimal diversityCalifornian v. Californian? -
no minimal diversity
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1332(d)(2)The district courts shall have
original jurisdiction of any civil action in
which the matter in controversy exceeds the sum
or value of 5,000,000, exclusive of interest and
costs, and is a class action in which(A) any
member of a class of plaintiffs is a citizen of a
State different from any defendant(B) any
member of a class of plaintiffs is a foreign
state or a citizen or subject of a foreign state
and any defendant is a citizen of a State or(C)
any member of a class of plaintiffs is a citizen
of a State and any defendant is a foreign state
or a citizen or subject of a foreign state.
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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 -
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(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.
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Strawbridge rule controversy between citizens
of different states in 28 USC 1332(a)(1) and
(a)(3) meanscomplete diversity
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complete diversity Is any P a citizen of the
same state as any D? If so, no complete diversity
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Californian v. Californian and New Yorker? - no
complete diversityCalifornian and New Yorker v.
Nevadan and Floridian? - complete diversity
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Constitutional scope of alienage (between a
State, or the Citizens thereof, and foreign
States, Citizens or Subjects)
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Foreign Citizens or Subjects foreign nationals
(even if domiciled in US)
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Art. III need minimal alienage Is anyone on
one side of the v. a citizen of a state and
anyone on the other side of the v. a foreign
citizen or subject? Is so then minimal
alienage.
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German v. New Yorker and German- minimal
alienageGerman v. Italian- no minimal alienage
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(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.
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1332(a)(2) controversy between citizens of a
State and citizens or subjects of a foreign
state means complete alienage
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complete alienage are all the aliens on one
side of the v. and on the other side are
there citizens of states? If so then complete
alienage.
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German v. Californian and New Yorker- complete
alienage NOTE Prof. Green changed this example
after class it was originally a German and a
New Yorker v. a Californian, but that is also a
diversity case under 1332(a)(3)German and New
Yorker v. Californian and Italian- no complete
alienage
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Examples is there federal SMJ under 28 USC
1332(a)?assumptions- jurisdictional minimum
is met- action is brought in federal court by
the plaintiff
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New Yorker sues Californian, who impleads his
insurer, a New YorkerNY CA
NY
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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- 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 Scotts
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?
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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.
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A citizen of DC sues a Virginian under Virginia
state law
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1332(e) The word ''States'', as used in this
section, includes the Territories, the District
of Columbia, and the Commonwealth of Puerto Rico
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U.S. Const. Article III. Section. 2. Clause
1The judicial Power shall extend to
Controversies between a State and Citizens of
another State--between Citizens of different
Statesand between a State, or the Citizens
thereof, and foreign States, Citizens or
Subjects. 
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What is domicile?
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Baker v. Keck(E.D. Ill. 1936)
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Rest confl 15To acquire a domicil of choice, a
person must establish a dwelling-place with the
intention of making it his home. The fact of
physical presence at a dwelling-place and the
intention to make it a home must concur if they
do so, even for a moment, the change of domicil
takes place.
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I'm domiciled in New York. I then establish the
intent to move to Arizona permanently, but on the
way I get in accident in Oklahoma, where I remain
for rehabilitation. Where is my domicile?
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P sells his home in Illinois and moves to OK with
the hope of finding work. He lives in a hotel
until he can find work and an apartment.Domicile
s in OK?
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Prisoners?Students?