Written by attorneys · grounded in primary & secondary sources — see below
A sovereign political entity other than the United States.
Sources & Authorities· 11 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
How it applies
Common Examples
6
State Sues Foreign Nation
The State of New York sues the Republic of France in federal court over a boundary dispute involving shared waters. The court exercises jurisdiction because the controversy is between a state and a foreign state under the constitutional grant.
Corporate Citizenship Test
Fusion Power, incorporated in Canada with its principal place of business in Ontario, faces a contract suit from a U.S. plaintiff. The court treats Fusion Power as a citizen of the foreign state of Canada for diversity purposes.
Land Transfer Dispute
Parties domiciled in State A transfer interests in land located in Mexico. The court applies its own procedural rules to joinder while looking to Mexican law for capacity issues arising from the foreign state situs.
A U.S. official accepts an honorary title from the Kingdom of Spain without congressional consent. The acceptance violates the constitutional prohibition on receiving any title from a foreign state.
Suit By Foreign Subject
A citizen of Germany sues the State of California in federal court for breach of contract. The Eleventh Amendment bars the action because it is commenced by a subject of a foreign state against one of the United States.
Diversity With Foreign Party
A U.S. citizen joins a claim against a Canadian defendant with a separate federal question claim exceeding the jurisdictional amount. The court exercises supplemental jurisdiction over the entire action despite the foreign citizenship element.
Exxon Mobil Corp. v. Allapattah Services, Inc.545 U.S. 546, 558–59 (2005)
Common questions
Frequently Asked
3
How does the presence of a foreign state affect Article III jurisdiction?+
Article III extends judicial power to controversies between a state and foreign states, citizens, or subjects, allowing federal courts to hear such cases.
When is a corporation deemed a citizen of a foreign state under diversity rules?+
A corporation is a citizen of every foreign state where it is incorporated and where it has its principal place of business.
Does the Eleventh Amendment bar suits by foreign subjects against states?+
Yes. The amendment prohibits suits against a state by citizens or subjects of any foreign state in federal court.
433 U.S. 186 (1977)Conflict of Laws
…of fair notice also, I believe, includes fair warning that a particular activity may subject a person to the jurisdiction of a foreign sovereign. If I visit another State, or acquire real estate or open a bank account in it, I knowingly assume some risk that the State will exercise its power over my property or my person while…