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Complete Diversity: A Key Concept in Legal Jurisdiction
Definition & Meaning
Complete diversity is a legal concept that occurs in lawsuits involving multiple parties. It means that all plaintiffs in a case must have different citizenship from all defendants. This principle is essential for federal courts to establish diversity jurisdiction, allowing them to hear cases that involve parties from different states. The rule of complete diversity was first articulated in the landmark case Strawbridge v. Curtiss, 7 U.S. 267 (U.S. 1806).
Table of content
Legal Use & context
Complete diversity is primarily used in civil cases, particularly in federal court settings. This concept is crucial when determining whether a federal court has the authority to hear a case based on the parties' citizenship. Understanding complete diversity can help individuals navigate legal processes, especially in multiparty litigation. Users can manage related forms and procedures through resources like US Legal Forms, which offers templates drafted by experienced attorneys.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(hypothetical example) If a resident of California sues a corporation based in Texas, complete diversity exists if the plaintiff is a California citizen and the corporation is not based in California.
(hypothetical example) If two plaintiffs from New York sue a defendant from Florida, complete diversity is not present because both plaintiffs share the same citizenship.
State-by-state differences
Examples of state differences (not exhaustive):
State
Notes on Complete Diversity
California
Complete diversity is required for federal jurisdiction.
Texas
Same as California; diversity must be complete for federal court.
This is not a complete list. State laws vary, and users should consult local rules for specific guidance.
Comparison with related terms
Term
Definition
Difference
Diversity Jurisdiction
The authority of federal courts to hear cases based on the parties' diverse citizenship.
Complete diversity is a requirement for diversity jurisdiction.
Minimal Diversity
At least one plaintiff is a citizen of a different state than at least one defendant.
Complete diversity requires all plaintiffs and defendants to be from different states.
Common misunderstandings
What to do if this term applies to you
If you are involved in a case where complete diversity may apply, it's essential to understand the citizenship of all parties involved. You can utilize US Legal Forms to access templates for necessary legal documents to ensure compliance with federal requirements. If your situation is complex, consider consulting a legal professional for tailored advice.
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Complete diversity is required for federal jurisdiction in civil cases.
Citizenship is determined by domicile for individuals and state of incorporation for businesses.
All parties must have different citizenship at the time of filing.
Key takeaways
Frequently asked questions
Complete diversity means that all plaintiffs in a lawsuit are from different states than all defendants, which is necessary for federal jurisdiction.
Citizenship is determined by where a person has their permanent home or domicile, and for businesses, it is based on their state of incorporation or principal place of business.
No, without complete diversity, federal courts may not have jurisdiction, and the case may need to be filed in state court.