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Gale Encyclopedia Of American Law 3Rd Edition Volume 3 P52

Gale Encyclopedia of American Law Volume 3 P52 fully illuminates today's leading cases, major statutes, legal terms and concepts, notable persons involved with the law, important documents and more. Legal issues are fully discussed in easy-to-understand language, including such high-profile topics as the Americans with Disabilities Act, capital punishment, domestic violence, gay and lesbian rights, physician-assisted suicide and thousands more. | 498 DIVEST is different from that of the defendants at the time the lawsuit begins. The right of an individual to take his or her case into a federal court is assured by Article III 2 of the U.S. Constitution. This provision extends the federal judicial power to controversies between the citizen of a state and the government of a different state citizens of a different state or between a state or its citizens and a foreign government or its citizens. It is put into effect by a statute that limits federal diversity jurisdiction to cases involving a dispute worth more than 10 000. This minimum is intended to keep small cases from clogging the calendars of federal courts. Cases worth less than 10 000 must be brought in a state court even though diversity of the parties citizenship otherwise would entitle them to be brought in federal court. The origin and purposes of federal diversity jurisdiction have long been debated. It was created when the Constitution was first adopted a time when loyalty to one s state was usually stronger than feelings for the United States. It was undoubtedly intended to balance national purposes with the independence of the states. Chief Justice john marshall of the Supreme Court wrote in Bank of United States v. Deveaux 9 U.S. 5 Cranch 61 87 3 L. Ed. 38 1809 However true the fact may be that the tribunals of the states will administer justice as impartially as those of the nation . it is not less true that the constitution itself either entertains apprehensions on this subject or views with such indulgence the possible fears and apprehensions of suitors that it has established national tribunals for the decision of controversies . between citizens of different states. Some scholars believe that the opportunity to take business and commercial disputes into an impartial federal court helped to encourage investment in the developing South and West. People from the industrialized Northeast felt more secure when their financial transactions in .