Subject Matter Jurisdiction Diversity Jurisdiction Date for determining diversity: a party’s citizenship for diversity purposes is determined as of the commencement of the action i.e. filing date Domicile : intent to remain indefinitely Resident alien Citizen of domiciled state D1 is Michigan D2 is Mexico; the fact that foreigner is a party does not destroy diversity between P and D1 Complete Diversity: No P is a citizen of the same state as ANY D Nominal parties are ignored e.g. guardian sues on behalf of child, guardians citizenship doesn’t matter Alienage Jurisdiction: Suit between citizens of a state v. foreigner on the other Resident alien is citizen of state resided in Devices to create or destroy diversity Courts will not take jurisdiction in which any party has been improperly or collusively joined to obtain Jurisdiction
Subject Matter Jurisdiction Diversity Jurisdiction Date for determining diversity: a party’s citizenship for diversity purposes is determined as of the commencement of the action i.e. filing date Domicile : intent to remain indefinitely Resident alien Citizen of domiciled state D1 is Michigan D2 is Mexico; the fact that foreigner is a party does not destroy diversity between P and D1 Complete Diversity: No P is a citizen of the same state as ANY D Nominal parties are ignored e.g. guardian sues on behalf of child, guardians citizenship doesn’t matter Alienage Jurisdiction: Suit between citizens of a state v. foreigner on the other Resident alien is citizen of state resided in Devices to create or destroy diversity Courts will not take jurisdiction in which any party has been improperly or collusively joined to obtain Jurisdiction
Civil-Procedure-with-Flowcharts-1.docx