Civil Procedure Art. III and Statutory Jurisdiction

Civil Procedure Quicklinks

LAW 5301 (4 credits)
Professor Pedro A. Malavet

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Adapted from Glannon, Joseph W., Civil Procedure: Examples and Explanations 57, Figure 4-1 (2d Ed. Little, Brown 1992).

Explanation. Note that the green area represents the maximum extent of Diversity Jurisdiction allowed by the Constitution of the United States, under the categories of Diversity of [American] Citizenship and Alienage Jurisdiction. The blue area represents what was actually granted in the enabling legislation, as interpreted in Strawbridge v. Curtiss ,7 US (3 Cranch) 267 (1806). Out of the blue area are Simple Diversity cases, i.e., cases involving citizens of more than one U.S. state, which nonetheless fail the Complete Diversity test created by Strawbridge, as well as Complete Diversity cases that fail to meet the jurisdictional amount requirement of section 1332.

Illustration. The illustration I used in class was a suit by a Citizen of Florida against two defendants, one a citizen of Florida, the other a citizen of Georgia. This is a "[Controversy] between Citizens of different States", which would be within the language of Art. III, Sec. 2, Clause [vii], BUT it is not a case of complete diversity, as required by § 1332 as interpreted in Strawbridge.

This graphic should be read together with my annotated version of Article III, Section 2, Clause 1:

US CONST. ART. III SECTION 2, CLAUSE 1

The judicial Power [of the United States] shall extend to [i] 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; [ii]-to all Cases affecting Ambassadors, other public Ministers or Consuls; [iii]-to all Cases of admiralty and maritime Jurisdiction; [iv]-to Controversies to which the United States shall be a Party; [v]-to Controversies between two or more States; [vi]-[Controversies] between a State and Citizens of Another State; [vii]-[Controversies] between Citizens of different States; [viii]-[Controversies] between Citizens of the same State claiming Lands under Grants of different States, and [ix] [Controversies] between a State, or the Citizens thereof, and foreign States, Citizens or Subjects.