Before a court can decide who wins, it must have the power to hear the case at all. That power is jurisdiction. A court needs two kinds: power over the kind of case, and power over the defendant. This builds on state courts and the federal courts.
Key idea
| Federal subject-matter jurisdiction | Requirements |
|---|---|
| Federal question (28 U.S.C. § 1331) | the claim arises under the Constitution, a federal statute or a treaty |
| Diversity (28 U.S.C. § 1332) | complete diversity (no plaintiff is a citizen of the same state as any defendant) and an amount in controversy that exceeds \$75,000, not counting interest and costs |
Why it works
Personal jurisdiction protects defendants under the Due Process Clause. In International Shoe Co. v. Washington (1945) the Court held that a state may hear a suit against an out-of-state defendant with "certain minimum contacts" with the state, so that the suit does not offend "traditional notions of fair play and substantial justice" (326 U.S. at 316). A defendant can always be sued where it is "at home": an individual's home state, or a corporation's state of incorporation and principal place of business.
Worked example: Complete diversity
- No federal law is involved, so diversity is the only route.
- Amount: \$200,000 exceeds \$75,000. That part is met.
- Citizenship: plaintiff Ben and defendant DeShawn are both from Michigan.
- Complete diversity fails if any plaintiff shares a state with any defendant.
Answer: No. Ben and DeShawn are both Michigan citizens.
Worked example: A corporation's citizenship
- A corporation is a citizen of its state of incorporation and the state of its principal place of business.
- Acme is a citizen of Delaware and Texas.
- Pat is from Texas, so a plaintiff and a defendant share a state.
Answer: No diversity. The case belongs in state court unless a federal question appears.
Worked example: Exactly \$75,000
- The parties are diverse.
- The amount must exceed \$75,000. Exactly \$75,000 does not.
Answer: No. The claim must be more than \$75,000.
Common mistake