federal and state LAW

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federal and state LAW

Category: Editing

Subcategory: Criminal law

Level: College

Pages: 1

Words: 825

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Part 1
According to the constitution of the USA, where there is incomplete diversity, either due to the amount attached to the case or the citizenship of the parties, the lawsuit has subject matter jurisdiction to be heard in a state court. “If complete diversity does not exist, then the case cannot be filed in federal court under diversity subject matter jurisdiction. For the purposes of determining citizenship, an individual is a citizen of the state in which they maintain a primary residence, and an individual can only be a citizen of one state at a time. In this aspect, both Connor and Oliver are all citizens of California” (Scalia 40).
Yes, California court has a SMJ over Connor’s lawsuit against Walt. Furthermore, the California state court has a SMJ over Oliver. As observed in the case scenario, the Interstate safety highway act can be relevantly used for this case. In a broader perspective, the state court has general jurisdiction, and hence the determination of this case in the California state court can get enhanced. State courts, as research indicates have the authority and therefore, the ability to review all cases, either federal or state. Diversity is one of the most crucial elements used when determining the SMJ. On instances that diversity is incomplete, its usage is therefore limited. In this aspect, the state court has an authority to determine this case, and provide direction. In this aspect, the state court…

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