We use cookies to improve security, personalize the user experience,
enhance our marketing activities (including cooperating with our marketing partners) and for other
business use.
Click "here" to read our Cookie Policy.
By clicking "Accept" you agree to the use of cookies. Read less
Understanding the Stateless Person Doctrine and Its Legal Significance
Definition & meaning
The stateless person doctrine is a legal principle in the United States that states a U.S. citizen who is permanently living abroad cannot initiate or respond to lawsuits based on diversity of citizenship. To qualify as a citizen of a state for legal purposes, a person must be both a U.S. citizen and have a domicile in that state. If a U.S. citizen does not have a domicile in any state, they are considered stateless under federal law, specifically 28 USCS § 1332.
Table of content
Legal use & context
This doctrine is primarily relevant in civil law cases, particularly those involving diversity jurisdiction. It affects how lawsuits are filed and the ability to bring or defend against legal actions in federal court. Users may find it helpful to utilize legal templates from US Legal Forms to manage related documents, especially when dealing with international legal matters or residency issues.
Key legal elements
Real-world examples
Here are a couple of examples of abatement:
(Hypothetical example) A U.S. citizen who has lived in France for several years and has not established a domicile in any U.S. state cannot sue a foreign company in a U.S. federal court based on diversity of citizenship.
Relevant laws & statutes
The primary statute governing this doctrine is 28 USCS § 1332, which outlines the requirements for diversity jurisdiction in federal courts. Additionally, the case of Newman-Green, Inc. v. Alfonzo-Larrain, 490 U.S. 826 (1989), is significant in illustrating the application of the stateless person doctrine.
Comparison with related terms
Term
Definition
Diversity jurisdiction
The ability of a federal court to hear a case based on the parties being from different states or countries.
Stateless person
An individual who is not considered a citizen of any state, often affecting their legal standing in court.
Common misunderstandings
What to do if this term applies to you
If you are a U.S. citizen living abroad and are unsure about your legal standing, consider the following steps:
Determine your domicile status in the U.S.
Consult legal resources or templates available through US Legal Forms for guidance on how to proceed with any legal matters.
If your situation is complex, seek advice from a qualified attorney who specializes in international law.
Find a legal form that suits your needs
Browse our library of 85,000+ state-specific legal templates.