FSSB #6 We the People
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Legal pedantry ahead. You have been warned.
@Mikey 109427 wrote:
The federal courts threshold has grown to $75,000
This is a fairly common misunderstanding. The $75,000 threshold only applies to cases that are in federal court on the basis of diversity jurisdiction. See 28 U.S.C. ยง 1332(a). Diversity here refers to the fact that the parties must be citizens of different states or countries. Example: contracts are usually governed by state law, so most contract lawsuits are filed in state court. But if a citizen of Virginia is suing a citizen of Maryland over a contract dispute, and if the claim is worth more than $75,000, the case can be filed in federal court.
The $75,000 threshold doesn’t apply if the case is in federal court on the basis of federal question jurisdiction — i.e., because the claim arises under the Constitution or under a federal statute. For example, in a lawsuit alleging infringement of constitutional rights, it wouldn’t matter if the claim was for less than $75,000. The plaintiff could still file the case in federal court, and the Seventh Amendment would guarantee a right to a jury trial so long as the claim exceeded $20.
Bottom line: I’m now going to do my Busterly duty and vote Like for Steve O’s photo.
(Insert standard disclaimers here: I’m not an expert on the Seventh Amendment, this post provides no legal advice, etc., etc.)
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