What is Diversity Jurisdiction: see updated version

[@f.s.9060]

Your videos are helping me get through my first year of law school. PLEASE MAKE MORE! lol

[@USLawEssentials]

Thanks Freeha. There is a slightly updated version of the video here: kzbin.info/www/bejne/rnfQl31urJt3b7c My blog is here: uslawessentials.com/blog

[@f.s.9060]

Thank You!

[@nateb6033]

Thank you for these videos. I understand the concepts a lot better and retain information better with the examples you give!

[@hryndfgsf]

Well informed video! Law books can be very dense and aside from that I'm more of a visual learner. This video clear the concept of Diversity Jurisdiction. Thank you, You earned a new subscriber !

[@USLawEssentials]

Thanks! Updated version is here: kzbin.info/www/bejne/rnfQl31urJt3b7c Also, you might like my website uslawessentials.com

[@monicalopez7184]

I agree. These videos are wonderful

[@queenannmarshall6302]

Thank you so much! You made this topic so much easier to understand. ;)

[@USLawEssentials]

Thanks Queen. This is an older video and I will work on an updated version eventually. Let me know if there are other topics you want to discuss. I don't know whether you are a law student or not but I have some quizzes, a blog, and now a brand new message board on my website which might interest you. uslawessentials.squarespace.com

[@whandamadrid2094]

Great video, thank you!

[@adventuresofhootandwootthe287]

Not sure why this doesn't have baby views. Thank you so much. Very helpful. More thsn the semester I spent in the class

[@USLawEssentials]

Thanks! Here is a link to a page on the uslawessentials website regarding jurisdiction, including diversity jurisdiction, with an updated version of the video (quicker pace, better audio): uslawessentials.com/introduction-federal-state-court-systems-part-ii-jurisdiction/

[@roylv40]

This was excellent - thank you for this video.

[@bryonwatkins1432]

Great video. Diversity Jurisdiction and Federal Question i get. However, here’s my question. Will the Plaintiff have to file her/his claim in their state, the state of the defendants, or does it matter? My guess is the plaintiff/claimant, files in the United States District Court of their state.

[@USLawEssentials]

Thanks for watching. In your question the proper court will depend on venue. You can read about venue here: uslawessentials.atavist.com/civil-procedure-venue If you are interested, here is an updated version of this same video at a faster pace: kzbin.info/www/bejne/hpmmmqisgq6neKs If you have any questions, please let me know. You can find more information here, too: uslawessentials.com

[@chriscockrell9495]

Diversity Jurisdiction. This is about citizenship. Who are the parties? Two conditions 1) Can't be citizen of the same state. 2) More than 75k. Why? Not a jury of peers.

[@alwaysdisputin9930]

i like the clear way u explain things.

[@USLawEssentials]

Thanks Greatest. There is an updated version of the video here kzbin.info/www/bejne/rnfQl31urJt3b7c and you can read more on my blog: uslawessentials.com/introduction-federal-state-court-systems-part-ii-jurisdiction/ The search button on the blog works well, too, so you can just type in "diversity" and see additional posts. Happy New Year.

[@yevgeniyzharinov7473]

Good stuff.

[@clarittana]

Thank you so much. Cristal clear

[@hyojinlee]

Thank you for this video!

[@EIGRBOSS]

Would diversity of citizenship Still applies to FLSA

[@annettemugambi]

What if both parties are from different states but the amount in controversy is below $75.000. How do you decide which jurisdiction to file the suit in?

[@USLawEssentials]

Unless there is a federal question, the case does not belong in federal court. The lawsuit should be filed in state court if the amount in controver is $75K or lower. Here is an updated version of this video: kzbin.info/www/bejne/rnfQl31urJt3b7c uslawessentials.com

[@smooveking773]

would the same be for fed criminal court?

[@USLawEssentials]

No, personal jurisdiction in federal criminal court is completely different.

[@PANTYEATR1]

what if a corporation is out of state and has only contact with an individual of another state? can diverse jurisdiction be used? and can federal questions be included in a diversity action? thanks

[@USLawEssentials]

If a corporation is a citizen of one state and an individual is a citizen of another state and the amount in controversy exceeds $75,000 then a federal court should have diversity jurisdiction. Yes, it is possible that a litigation could belong in federal court based on both diversity jurisdiction and federal question jurisdiction. Only one basis for jurisdiction is necessary though.

[@PANTYEATR1]

USLawEssentials that's awsome. i wonder what that complaint would look like on paper. for example: a corporation that operates in N.Y. and Fl that offers the same service, by contact, that injures am individual living in N.Y. that individual in N.Y. can bring suit to both corporations under federal questions or diversity jurisdiction...i think you had a video that said that to use diversity jurisdiction, none of the defendants can live in the same state as the plaintiff.

[@sultantaro1171]

Hello, Does the state court has diversity jurisdiction also or not ?

[@USLawEssentials]

ST, For subject matter jurisdiction, meaning the type of case that a court can hear, states do not rely on diversity jurisdiction. State courts can have subject matter jurisdiction over almost any type of case, regardless of where the parties are from. For example, let's say David drives a car from his home in New Jersey to New York and collides with Peter. Peter is from New York. Peter sues David. A New York state court will have subject matter jurisdiction over the case because state courts have the power to decide this type of case, regardless of where the parties are from. A New York federal court should have subject matter jurisdiction, too, but only because of diversity. Without diversity, the federal court could probably not hear the case and ONLY the state court would have subject matter jurisdiction. Have a look at this video: kzbin.info/www/bejne/nYGqmaCOjLWDj8U In some cases, ONLY federal courts have subject matter jurisdiction. Please take a look at this blog post: uslaw.blogbaker.com/2014/08/28/what-is-exclusive-federal-jurisdiction If any of this is unclear, please let me know. You are also welcome to post questions on my blog and message board: uslaw.blogbaker.com uslaw.activeboard.com

[@davidmcgowan9120]

Is it at all strategic to take a case at the state court if damages are over $75k?

[@USLawEssentials]

David McGowan Hi David, Attorneys frequently make strategic decisions based on which courts they prefer. If the parties are diverse and the amount in controversy is over $75K, a plaintiff might choose to sue in the state court of his home state but his adversary can remove the case to federal court. kzbin.info/www/bejne/i2jNc2ead7SgmKc If he sues in the home state of his adversary then the adversary will not be able to remove and the case will stay in state court.

[@USLawEssentials]

USLawEssentials Especially in larger cases involving multiple parties you might see the process where an attorney tries to find the court which he thinks is best for his client called "forum shopping." Generally speaking there is nothing wrong with that and it is what a good lawyer should do. But there can be abuses of this process and courts have to be mindful of it.

[@davidmcgowan9120]

Thanks for the great and quick feedback!

[@adaml2932]

Diversity jurisdiction is only for civil law, not criminal, correct?

[@USLawEssentials]

Correct, diversity jurisdiction is irrelevant to criminal cases.

[@adaml2932]

@@USLawEssentials i have a Q for you. It was something asked of me and I didn't have a 100% solid answer. Can I email you ?