The difference between ordinary and extraordinary is practice.

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Legal Definitions - Eleventh Amendment

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Definition of Eleventh Amendment

The Eleventh Amendment is a part of the U.S. Constitution that limits the power of federal courts to hear lawsuits against states. Specifically, it prevents federal courts from hearing cases brought against a state by citizens of another state, or by citizens or subjects of foreign countries. This amendment is a key component of the legal principle known as "sovereign immunity," which generally means that a state cannot be sued in court without its consent.

Here are some examples illustrating the Eleventh Amendment:

  • Example 1: Lawsuit by a Citizen of Another State
    Imagine a resident of Ohio who owns property in Michigan. If they believe the State of Michigan unfairly seized their property through eminent domain, causing them significant financial loss, they might consider suing the State of Michigan. However, if they attempt to file this lawsuit in a federal court, the Eleventh Amendment would likely prevent the federal court from hearing the case. Since the individual suing is a citizen of Ohio (another state), the amendment protects Michigan from being sued in federal court by an individual from outside its own citizenry.

  • Example 2: Lawsuit by a Foreign Citizen
    Consider a tourist from Argentina who is visiting a state-run historical site in Virginia. If they suffer an injury and believe the State of Virginia was negligent in maintaining the site, they might want to sue the state for damages. If they try to bring this lawsuit against the State of Virginia in a U.S. federal court, the Eleventh Amendment would typically bar the court from hearing the case. The amendment explicitly prohibits federal courts from entertaining lawsuits against a state brought by citizens or subjects of foreign countries.

  • Example 3: Lawsuit Against a State Agency by an Out-of-State Entity
    Suppose a construction company based in Colorado enters into a contract with a state-funded university in Kansas for a new building project. A dispute arises over payment, and the Colorado company decides to sue the Kansas university in federal court. Because state universities are often considered "arms of the state" for legal purposes, the Eleventh Amendment would likely apply. Since the company is from Colorado (another state), the federal court would generally be prohibited from hearing the lawsuit against the Kansas university, as it is treated as a suit against the State of Kansas itself.

Simple Definition

The Eleventh Amendment is a constitutional amendment that limits the jurisdiction of federal courts. It generally prohibits federal courts from hearing lawsuits brought against a state by individuals, particularly those who are not citizens of the state being sued. This amendment reinforces the principle of sovereign immunity for states.

The law is a jealous mistress, and requires a long and constant courtship.

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