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US Civil Procedure for International Students: 2021 - 2022 Edition

Diversity and Alienage As a Basis For Subject Matter Jurisdiction

Please note that in the section that follows we are talking about cases that arise under state law. What claims, based on state law, nonetheless have a right to be decided in federal court? (Remember that federal law can be created by the federal legislature and to a limited extent by federal courts. Parallel to that state legislatures and state courts can create law that is binding within their states.) The jurisdictional answer with regard to original (versus supplemental) jurisdiction has to do with where the parties are from. The story begins with the diversity and alienage clauses of Article III, Section 2, but the implementation of those grants of constitutional authority by the following statute also matters.