Federal Question Jdx Flashcards
1
Q
Well Pleaded Complaint Rule
A
To order to determine whether the claim arises out of federal law, the court will use the well pleaded complaint rule.
The court will only look at the substantive parts of Plaintiff’s complaint and will disregard all other extraneous parts including anticipated defenses.
2
Q
How to determine if the court has federal question jurisdiction over the case?
A
1) Claim arises under federal law
2) claim arises from state law claim w/ substantial federal ingredient
3
Q
Rule to determine if a claim arises under federal law
A
Well pleaded complaint rule
