Federal Question Jurisdiction

Question 1

Does the existence of a defense based on federal law create FQJ?

Answer 1

No

Question 2

Does a complaint raise a FQ when it does so in anticipation of a defense?

Answer 2

No

Question 3

Do you need to satsify an AIC for FQJ?

Answer 3

Generally, no

Question 4

What happens when a PL has both federal and state claims?

Answer 4

the federal ct has discretion to exercise SJ (pendent) over the claim based on state law if the two claims derive from a common nucleus of operative fact adn as such that PL would ordinarily be expected to try them all in one judicial proceeding

Question 5

Can the federal court exercise pendent jurisdiction over a state claim if it is dismissed on the merits?

Answer 5

Yes

Question 6

When does pendent party jurisdiction arise?

Answer 6

1. PL sues more than one D;
2. there is federal jurisdiction over the claim against one D; and
3. the claim against the second D does not invoke FQ or DCJ

the claim against second D might invoke SJ if it derives from common nucleus of fact

or

when multiple PLs assert claims against one D (second PL may invoke SJ if derives from common nuc. to support a state law claim in FQ case)

Question 7

When is federal jurisdiction exclusive of state courts?

Answer 7

bankruptcy proceedings
patent and copyright
cases where U.S. is involved
actions against foreign states removed from state courts to fed court
postal matters
IRS cases
securities exchange act cases

Question 8

What do district courts have original jurisdiction over?

Answer 8

civil actions arising under Const, laws, or treatises of U.S.

Question 9

Where must the FQ appear to properly invoke FQJ?

Answer 9

as part of PLs COA in a well-pleaded complaint