{"id":10734,"date":"2017-12-12T03:26:30","date_gmt":"2017-12-12T03:26:30","guid":{"rendered":"https:\/\/reunitethestates.org\/?page_id=10734"},"modified":"2017-12-14T04:25:24","modified_gmt":"2017-12-14T04:25:24","slug":"diversity-of-citizenship","status":"publish","type":"page","link":"https:\/\/reunitethestates.org\/?page_id=10734","title":{"rendered":"Diversity of Citizenship – A basis for federal-court jurisdiction that exists when (1) a case is between citizens of different states, or between a citizen of a state and an alien, and (2) the matter in controversy exceeds ~$75,000"},"content":{"rendered":"

diversity of citizenship<\/span>:<\/strong><\/span>
\n(1876)<\/span><\/p>\n

1. A basis for federal-court jurisdiction that exists when<\/span><\/strong><\/p>\n

(1) a case is between citizens of different states, or between a citizen of a state and an alien, and
\n(2) the matter in controversy exceeds a specific <\/span>value (now $75,000). <\/span>28 USCA \u00a7 1332<\/a>.<\/span><\/strong><\/p>\n

or purposes of diversity jurisdiction, a corporation is considered a citizen of both the state of incorporation and the state of its principal place of business.\u00a0 An unincorporated association, such a<\/strong>s a partnership, is considered a citizen of each state where at least one of its members is a citizen.<\/strong> \u2014 Often shortened to diversity<\/strong><\/em><\/span>. See diversity jurisdiction<\/em> under <\/span>JURISDICTION. [1]
\n<\/span><\/p>\n

1. A ground for invoking the original jurisdiction of a Federal District Court<\/a>, the basis of jurisdiction on such ground being the existence of an actual and substantial controversy between citizens of different states. There is a diversity of citizenship, in a case involving a plurality of parties, where all the parties on one side of a controversy are citizens of different states from all those on the other side.\u00a0 Indianapolis v Chase Nat. Bank<\/em>, 314 US 63, 86 L Ed 569, 62 S Ct 355<\/span>. <\/strong><\/span><\/p>\n

The same principle applies in determining diversity of citizenship for the purpose of removing a case from a state court to a federal court.\u00a0 Gainesville v Brown-Crummer Invest. Co.<\/em> 277 US 54, 72 L Ed 781, 48 S Ct 454<\/span>.<\/strong> [2]<\/span><\/p>\n

1. A ground for invoking the original jurisdiction<\/a> of a federal district court<\/a>, the basis of jurisdiction being the existence of a controversy between citizens of different states.<\/strong> [3]<\/span><\/p>\n

\n

complete diversity<\/span>:<\/strong><\/span>
\n(1925)<\/span><\/p>\n

1. In a multiparty case, diversity between both sides to the lawsuit so that all plaintiffs have different citizenship from all defendants.\u00a0 *\u00a0 Complete diversity must exist for a federal court to have diversity jurisdiction over the matter. The rule of complete diversity was first laid down by Chief Justice Marshall in<\/strong> Strawbridge v. Curtiss<\/em>, 7 U.S. (3 Cranch) <\/strong><\/span><\/span>267 (1806)<\/strong><\/span>.<\/span><\/p>\n

manufactured diversity<\/span>:<\/span><\/strong>
\n(1968)<\/span><\/p>\n

1. Improper or collusively created diversity of citizenship for the sole or primary purpose of creating federal jurisdiction.\u00a0 *\u00a0 Manufactured diversity is prohibited by 28 USCA \u00a7 1359<\/a>.<\/span><\/strong><\/p>\n

Diversity of Citizenship Clause<\/span>:<\/strong><\/span>
\n(1911)<\/span><\/p>\n

1.<\/strong> Constitutional law<\/em>. U.S. Const. art. 111, \u00a7 2, cl. 1<\/span>, giving the federal judiciary power to hear cases between citizens of different states or between a state and a citizen of a different state.\u00a0 *\u00a0 Congress has passed two laws limiting the federal courts\u2019 power: the diversity statute (28 USCA \u00a7 1332<\/a>) and the removal statute (28 USCA \u00a7 1441<\/a>).<\/strong> [1]
\n<\/span><\/p>\n

\u00a0<\/span><\/p>\n

\u00a0<\/span><\/p>\n<\/div>\n","protected":false},"excerpt":{"rendered":"

diversity of citizenship: (1876) 1. A basis for federal-court jurisdiction that exists when (1) a case is between citizens of different states, or between a citizen of a state and an alien, and (2) the matter in controversy exceeds a specific value (now $75,000). 28 USCA \u00a7 1332. or purposes of diversity jurisdiction, a corporation … Continue reading Diversity of Citizenship – A basis for federal-court jurisdiction that exists when (1) a case is between citizens of different states, or between a citizen of a state and an alien, and (2) the matter in controversy exceeds ~$75,000<\/span> →<\/span><\/a><\/p>\n","protected":false},"author":1,"featured_media":0,"parent":10736,"menu_order":0,"comment_status":"closed","ping_status":"closed","template":"","meta":{"footnotes":""},"class_list":["post-10734","page","type-page","status-publish","hentry"],"_links":{"self":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/10734","targetHints":{"allow":["GET"]}}],"collection":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages"}],"about":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/types\/page"}],"author":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/users\/1"}],"replies":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fcomments&post=10734"}],"version-history":[{"count":2,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/10734\/revisions"}],"predecessor-version":[{"id":10794,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/10734\/revisions\/10794"}],"up":[{"embeddable":true,"href":"https:\/\/reunitethestates.org\/index.php?rest_route=\/wp\/v2\/pages\/10736"}],"wp:attachment":[{"href":"https:\/\/reunitethestates.org\/index.php?rest_route=%2Fwp%2Fv2%2Fmedia&parent=10734"}],"curies":[{"name":"wp","href":"https:\/\/api.w.org\/{rel}","templated":true}]}}