Federal Question Jurisdiction

Question 1

Federal Question jdx

Answer 1

A case “arises under” federal law if P is alleging a right or interest that is substantially founded in federal law
*Note: no amount in controversy for FQ cases

Question 2

Federal question must appear in the complaint

Answer 2

Federal question must appear as part of P’s cause of action as set out in a well-pleaded complaint

Question 3

Supplemental jdx over state claims

Answer 3

Federal court has discretion to exercise supplemental jdx over state law claim if the two claims “derive from a common nucleus of operative fact” and are such that P “would ordinarily be expected to try them all in one judicial proceeding”

Question 4

Effect of dismissal of federal claim on supplemental claim

Answer 4

Court may exercise supplemental jdx over state claim even though federal claim dismissed on merits

• State claim should be dismissed if federal claim dismissed before trial
• Courts may refuse supp jdx if claim is complex or novel, OR state claim predominates substantially over fed claim