Prof. Jane McElligott

Two ways for a case to make its way into federal court: 1) Federal Question Jurisdiction, and 2) Diversity Jurisdiction.

1) Federal Question Jurisdiction is present when the case presents a “federal question” – a question arising under the U.S. Constitution, a federal statute, regulation, executive order, or treaty.

Examples: Action brought by female employees of Walmart alleging sex

discrimination under Title VII of the Civil Rights Act of 1964; Action brought by advocacy group against the death penalty who are

denied a permit by the city to hold a peaceful demonstration at City Hall; Social Security Disability case that has gone through all levels of the

administrative process and is now being appealed to federal district court.

2. Diversity of Citizenship Jurisdiction: A regular car accident or other type of civil case that would normally go to state court could be brought instead to federal court if the plaintiff chooses to do so if the following two requirements are met:

1) The parties must be from two different states, and 2) The amount in controversy (the estimated damages) exceed $75,000. If the above two requirements are met, “concurrent jurisdiction” exists, meaning

the plaintiff can bring the case either to state court or to federal court. Example: Greta, who lives in New York, is driving to Vermont for a week of cross-

country skiing when she pulls off the first exit in Vermont for gas and is hit head-on by Clyde, a resident of Vermont. Greta’s new BMW worth $45,000 is totaled and she incurs medical bills and physical therapy bills amounting to $40,000 as a result of the accident, so her total damages are $85,000. Greta can sue Clyde in state or federal court in Vermont – it’s her choice, and to decide in which court to file her complaint, she’ll compare the filing fees in both courts, the backlog of cases and wait time for trial in both courts, jury verdict amounts in both courts, whether the rules of procedure in federal or state court are more favorable, etc.

1. Judge Chloe, who has a daily court television show on Court TV, has been notified by Court TV that her contract will be terminated effective September 1, 2012. Chloe finds out that Court TV is bringing in a much younger female judge to take her place. Chloe is 46 years old and the new judge is 25 years old. Chloe wants to sue Court TV under the federal Age Discrimination in Employment Act (ADEA). Can Chloe get this case into federal court? If so, under what type of federal jurisdiction (diversity jurisdiction or federal question jurisdiction)?

Answer: Federal Question Jurisdiction – the ADEA is a federal act, so disputes arising under the ADEA must go to federal court. This is an example of exclusive jurisdiction – this case must go to federal court, it cannot be heard in state court.

Federal courts have "federal question" jurisdiction, which means that federal courts will hear cases that involve issues touching on the Constitution or other federal laws. The source of "federal question" jurisdiction can be found in the Constitution. Article III states that the "judicial power shall extend to 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." http://www.catea.gatech.edu/grade/legal/juris.html

2. Wanda is a strong advocate for wolves remaining on the Endangered Species List and she and her group apply for a permit to have a “Wolf March” around downtown Boise, Idaho, where the issue of whether wolves should remain on the Endangered Species List is very controversial, with all the hunters wanting them off the List. Wanda’s permit for her march is denied and she decides to sue the city based on her First Amendment right to freedom of speech and assembly. Can Wanda get this case into federal court? If so, under what type of federal jurisdiction?

Answer: Federal Question Jurisdiction – Wanda is asserting a claim under the First Amendment of the United States Constitution, so her case involves a “federal question” and goes to federal court. Note that if instead, Wanda asserted her claim under a state constitutional provision protecting free speech, her case would go to state court.

3. Mary, a New Hampshire resident, decides to drive down to Fort Lauderdale, Florida for a week of fun in the sun to relax from her busy schedule. As Mary is driving through North Carolina on her way down Interstate 95 heading for Florida, she is rear-ended by Duphus, who is a resident of North Carolina. Mary’s cute little sports car is totaled, with damages amounting to $80,000 to the car. Mary luckily was not injured, but she decides to sue Duphus for the damages to her car. Can Mary get this case into federal court? If so, under what type of federal jurisdiction?

Answer: Diversity Jurisdiction – this case does not present a question of federal law, but because the parties (plaintiff and defendant) are from two different states and the amount in controversy exceeds $75,000, this case can be heard in federal or state court – it’s up to the plaintiff which court to bring it in (concurrent jurisdiction – the case can be brought in either federal or state court).

Parties from 2 different states + more than $75,000 in damages = diversity jurisdiction