Federal Question Jurisdiction Flashcards
What is the statutory basis for federal question jurisdiction?
Federal question jurisdiction is codified in 28 U.S.C. § 1331, granting federal district courts original jurisdiction over civil actions arising under the Constitution, laws, or treaties of the United States.
How does the Supreme Court’s interpretation of federal question jurisdiction differ from 28 U.S.C. § 1331?
The Supreme Court’s interpretation of Article III regarding federal question jurisdiction is broader than the statutory authorization provided by 28 U.S.C. § 1331 for lower federal courts.
What is the well-pleaded complaint rule?
The well-pleaded complaint rule requires that a plaintiff’s claim must be based on federal law to establish federal question jurisdiction.
What is insufficient for establishing federal question jurisdiction under the well-pleaded complaint rule?
It is insufficient for a plaintiff to merely anticipate a defense based on federal law; the federal question must be integral to the plaintiff’s cause of action.
What does the well-pleaded complaint rule allow courts to do?
This rule allows courts to determine jurisdiction based solely on the plaintiff’s complaint, without needing to wait for the defendant’s response.
To which courts does the well-pleaded complaint rule specifically apply?
The well-pleaded complaint rule applies specifically to federal trial courts and may not apply to the Supreme Court, which has broader jurisdiction under separate statutes.
What is the Federal Ingredient Approach?
The Federal Ingredient Approach held that any federal law ingredient in a case was sufficient to establish federal question jurisdiction, but this broad interpretation has been largely superseded.
What is Holmes’ Creation Test?
Holmes’ Creation Test states that a case arises under federal law if the law creating the cause of action is federal law.
What is The Smith Exception?
The Smith Exception allows certain state law claims to be heard in federal court if a substantial issue of federal law is embedded within the case.
What are the criteria of The Grable Test?
The Grable Test outlines four criteria for establishing federal jurisdiction over a state law claim involving a federal issue:
1. The federal issue must be necessarily raised.
2. The federal issue must be actually disputed.
3. The federal issue must be substantial.
4. The federal issue must be capable of resolution in federal court without disrupting the federal-state balance approved by Congress.
What must a court consider in declaratory judgment actions?
In declaratory judgment actions, the court must consider whether the case would arise under federal law if brought by the party who would typically be the plaintiff in a coercive action.
Does the availability of declaratory judgment procedures alter the rules for evaluating subject-matter jurisdiction?
No, the availability of declaratory judgment procedures does not alter the rules for evaluating subject-matter jurisdiction.
What determines whether federal question jurisdiction exists in declaratory judgment cases?
The character of the threatened action, rather than the defense asserted, determines whether federal question jurisdiction exists in declaratory judgment cases.
What does the Shoshone Exception highlight?
The Shoshone Exception highlights that the mere presence of a right to sue created by federal law doesn’t automatically confer federal question jurisdiction if the underlying cause of action and governing standards are derived from state law.
What is the rule regarding cases with both federal and state claims?
When a plaintiff asserts a substantial federal claim that grants federal court jurisdiction, the court may exercise supplemental jurisdiction over related state law claims arising from the same facts.
