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Elise, a hard working mother of three is driving her children from New York City to Washington, DC for a trip to see the new
Elise, a hard working mother of three is driving her children from New York City to Washington, DC for a trip to see the new African American History museum and the National Air and Space Museum. This is going to be a three day trip. On the first day, Elise and the kids spent the entire day at the African American museum and only got through one third of the entire museum. After the first day, Elise took a cab to eat with the kids in Georgetown and was involved in an accident. They had minor injuries in the accident. They want to sue the driver of the other vehicle for driving on the wrong side of the street, not having his driver's license valid at the time of the accident, and being under the influence of Mary Jane. Elise and the children sue the driver in DC Superior Court. The defendant claims lack of subject matter jurisdiction on the grounds that he lives in Maryland, is not a US citizen, and is a member of the diplomatic corps from the country of Antigua, and as such has diplomatic immunity. The trial court, because of this information, dismisses the complaint because of a lack of personal jurisdiction over the defendant. Elise wants to appeal. Please discuss:
What is the basis of subject matter jurisdiction over the defendant in the lower court?
Why would said subject matter jurisdiction not be valid under the above facts?
Elise is not satisfied with the DC Superior Court's analysis of the situation. She appeals this decision to the DC court of appeals. The appeals court says that there is a valid reason to have a lawsuit in that according to the Diplomatic Relations Act, all diplomats must carry insurance to protect Americans involved in accidents with foreign nationals with diplomatic immunity. The appeals court reverses the lower court's decision and remands back to the trial court for further analysis. The defendant then appeals the decision of the DC appeals court to the Supreme Court and is granted certiorari.
Why would there be Federal jurisdiction in this matter for the Supreme Court to handle this decision?
What are the two ways that federal courts get subject matter jurisdiction to hear the case?
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