What is the test for proving federal district court jurisdiction in a motor vehicle accident?
MultiRegion, United States of America
The following excerpt is from Poole v. Rourke, 779 F. Supp. 1546 (E.D. Cal. 1991):
In light of these limits, the first question the court must address in all litigation is whether subject matter jurisdiction exists. The burden of proving federal district court jurisdiction is upon the party asserting jurisdiction, which typically, and in this action, is plaintiff. McNutt v. General Motors Acceptance Corp., 298 U.S. 178, 189, 56 S.Ct. 780, 785, 80 L.Ed. 1135 (1936). If jurisdiction is lacking, the case may be transferred to another court to cure the want of jurisdiction:
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