Diversity Jurisdiction

In the law of the United States, diversity jurisdiction is a form of subject-matter jurisdiction in civil procedure in which a United States district court (the trial courts of general jurisdiction in the federal judiciary) has the power to hear a civil case where the persons that are parties are "diverse" in citizenship, which generally indicates that they are citizens of different states or non-U.S. citizens. (Corporations, as legal persons, may also be included.) Diversity jurisdiction and federal-question jurisdiction (jurisdiction over issues arising under federal law) constitute the two primary categories of subject matter jurisdiction in U.S. federal courts.

The United States Constitution, in Article III, § 2, gives the Congress the power to permit federal courts to hear diversity cases through legislation authorizing such jurisdiction. The provision was included because the Framers of the Constitution were concerned that when a case is filed in one state, and it involves parties from that state and another state, the state court might be biased toward the party from that state. Congress first exercised that power and granted federal trial circuit courts diversity jurisdiction in the Judiciary Act of 1789. Diversity jurisdiction is currently codified at 28 U.S.C. § 1332.

Read more about Diversity JurisdictionDiversity of Parties, Amount in Controversy, Removal and Remand, Law Applied

Other articles related to "diversity jurisdiction, diversity, jurisdiction":

Limited Liability Company - International Equivalents - United States
... This affects the applicability of diversity jurisdiction in cases involving LLCs, barring application of diversity jurisdiction when even one member of the LLC is a citizen ... that state's courts corporations enjoy a more complete legal personhood that only denies diversity jurisdiction when the opposing party is a citizen of the state in which the ...
Amount In Controversy - In Federal Courts - Diversity Jurisdiction
... States federal courts, the term currently applies only to cases brought under diversity jurisdiction, meaning that the court is able to hear the case only ... first established the amount in controversy requirement when it created diversity jurisdiction in the Judiciary Act of 1789, pursuant to its powers under Article III of the U.S ...
Diversity Jurisdiction - Law Applied
... (1938) that the law to be applied in a diversity case would be the law of whatever state in which the action was filed ... the Federal Rules of Evidence still govern the "procedural" matters in a diversity action, as clarified in Gasperini v ...
Subject-matter Jurisdiction - U.S. Federal Courts
... Subject-matter jurisdiction is significantly more limited in United States federal courts ... Federal courts' actual subject-matter jurisdiction derives from Congressional enabling statutes, such as 28 U.S.C ... Congress has not extended federal courts' subject-matter jurisdiction to its constitutional limits ...
Federal Government Of The United States - Judicial Branch - Overview of The Federal Judiciary
... district courts, and two courts of special jurisdiction ... who are not deemed citizens of the same state (“diversity jurisdiction”) ... There are three levels of federal courts with general jurisdiction, meaning that these courts handle criminal cases and civil lawsuits between individuals ...

Famous quotes containing the words jurisdiction and/or diversity:

    The putting into force of laws which shall secure the conservation of our resources, as far as they may be within the jurisdiction of the Federal Government, including the more important work of saving and restoring our forests and the great improvement of waterways, are all proper government functions which must involve large expenditure if properly performed.
    William Howard Taft (1857–1930)

    ... city areas with flourishing diversity sprout strange and unpredictable uses and peculiar scenes. But this is not a drawback of diversity. This is the point ... of it.
    Jane Jacobs (b. 1916)