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Becoming a citizen of the State of Florida question?
To gain the benefits one if not born in a state must take action such as declaring him or herself a citizen correct? A natural born citizen of Florida cannot be litigated against by a citizen of Penn state correct, unless the natural born citizen of Florida litigates first? Opinions?
Ok ok, one sec. Like a person as a child moves from Penn state to Florida. Then that citizen of Penn state sues or uses the court system of a Citizen of Florida to attack him. Federal jurisdiction was not invoked yet by any person yet.
Like the 11th was made to prevent an out of state citizen from attacking through the use a a Citizen's court system. Like if you did not domicile in Florida with an intent to remain a citizen then you cannot use Florida's court system to sue a Florida citizen whom was born in Florida. Understand? The commonwealth citizen of Penn state would need to either sue in Federal court or sue in Penn state court? Does that make sense?
Like I meant natural born citizen to apply in the way that I as the defendant do not have to domicile myself in the State of Florida to utilize privileges.
Furthermore, the whole point of the 11th is to prevent a citizen of another state from entering that state as a temporary resident and then causing problems for a citizen in their jurisdiction. It's like a person visiting from New York to Florida and getting drunk and assaulting a Florida Citizen and then suing that Florida Citizen. I consider any lawsuit brought by an out of state citizen to be an assault on the state. Period.
Ratified July 9, 1868. Note: Article I, section 2, of the Constitution was modified by section 2 of the 14th amendment. Section 1. All persons born or naturalized in the United States, and subject to the jurisdiction thereof, are citizens of the United States and of the State wherein they reside.
Well then there's only one thing left to do Sebastian.
4 Answers
- YetiLv 76 years ago
Not correct.
One is a citizen of the United States, and a resident of the state where they live and intend to remain indefinitely. You can move between states and shift your residency somewhat easily.
There are procedural rules that determine where someone can be sued. Generally speaking, someone can be sued where a problem occurs. For example, if you're driving through a state and have a car accident, you can be sued in that state. You also can be sued in the state where you're a resident, since that state has jurisdiction over you personally. Large enough cases between citizens of two different states can go to federal court instead of a state court.
There are entire law school "civil procedure" classes that address who hears what and why. But everything you're talking about with "natural born citizens" of a state, becoming a "citizen" of state, and needing to litigate first, etc., is not correct at all.
Source(s): https://en.wikipedia.org/wiki/Jurisdiction http://www.amazon.com/Law-101-Everything-American-... - wendy cLv 76 years ago
You are completely in error. CITIZENSHIP applies to a country. Residents in all states would be citizens (assuming they meet that standard). They are still CITIZENS of the United states, but can move to different states and be a RESIDENT of a different state.
Neither citizenship or residency have ANY bearing on where a lawsuit can be filed. What matters is the content of the lawsuit, and if the state has authority of that TYPE of lawsuit.
- SlickterpLv 76 years ago
One is not a citizen of a state, one is a resident. One moves to said state and gets their driver's license, etc switched over, that is all it takes to become a resident.
Incorrect, one does not have to be a resident of a state to initiate a lawsuit in a state.
