Federal Question Jurisdiction

Question 1

Original Jurisdiction

Answer 1

The power to hear the case for the first time.

Question 2

Original Subject Matter Jurisdiction

Answer 2

Federal Courts have original subject matter jurisdiction over cases involving a question or issue of federal law.

Question 3

Is a case that only arises under federal law sufficient to establish subject matter jurisdiction?

Answer 3

No. A case arises under federal law if the federal question appears on a fair reading of a well-pleaded complaint. Louisville & Nashville Railroad Company v. Mottley, 211 U.S. 149 (1908)

Question 4

T or F? Federal districts court have original jurisdiction over all civil actions arising under the Constitution, laws and treaties of the United States.

Answer 4

True. 28 U.S.C. Sect. 1331

Question 5

What happens if the Constitution or federal statutes creates a right of action?

Answer 5

Federal courts would have jurisdiction to hear those suits.

Question 6

What rule dictates that a defendant’s use of federal law as the basis for her defense will not by itself, create federal question jurisdiction?

Answer 6

Well pleaded complaint rule - In order to create federal question jurisdiction, the federal question must arise with the plaintiff’s affirmative claim - regardless of any defense the defendant might raise.

Question 7

Well Pleaded Complaint Rule

Answer 7

A defendant’s use of federal law as the basis for her defense will not by itself, create federal question jurisdiction. In order to create federal question jurisdiction, the federal question must arise with the plaintiff’s affirmative claim - regardless of any defense the defendant might raise.

Question 8

Federal Question Jurisdiction

Answer 8

the subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.

Question 9

When does a violation of a federal statute create a federal cause of action?

Answer 9

When the statute also provides a remedy for the violation.

Question 10

Is a state question that involves a question of federal law enough to create federal question jurisdiction?

Answer 10

No, the mere presence of a federal law in a claim is insufficient to create jurisdiction. However, a state question that involves a question of federal law may be sufficient to establish federal question jurisdiction.

Question 11

T or F? Federal Courts do not have original jurisdiction over admiralty or maritime cases.

Answer 11

False, Federal courts have original jurisdiction over admiralty or maritime cases.

Question 12

Maritime Nexus is required by what jurisdiction?

Answer 12

Admiralty Jurisdiction

Question 13

What does Maritime Nexus require?

Answer 13

That the incident giving rise to the case (1) had a potentially disruptive effect on maritime commerce and (2) the general character of the activity giving rise to the incident shows a “substantial relationship to traditional maritime activity” (Jerome B. Grubart, Inc. v. Greate Lakes Dredge & Dock Co, 513 U.S. 527 (1995)

Question 14

Can plaintiffs pursue maritime claims in state courts? If so, under what circumstances?

Answer 14

Yes, plaintiffs can pursue maritime cases as common-law claims in state courts. However, remedies that are specific to admiralty courts will not be available.

Question 15

Under what writ do federal courts have subject-matter jurisdiction to review the state court conviction of a prisoner, challenging the confinement of the prisoner on federal constitutional grounds?

Answer 15

habeas corpus

Question 16

A writ of Habeas gives federal courts subject matter jurisdiction to review the state’s court conviction of what type of plaintiff?

Answer 16

A prisoner. Federal Courts have subject-matter jurisdiction to review the state court conviction of a prisoner (currently under confinement), through a writ of habeas corpus, challenging the confinement of the prisoner on federal constitutional grounds. (28 U.S.C. Section 2254(a))

Question 17

Who is a petition for a writ corpus a civil cause of action brought against?

Answer 17

A jailor of custodian of a person currently under confinement.

Question 18

Is a writ of habeas corpus an appeal?

Answer 18

No.

Question 19

Does a writ of habeas corpus continue a criminal a case?

Answer 19

No.

Question 20

T or F? A writ of habeas corpus makes a determination of the prisoner’s guilt or innocence.

Answer 20

False.

Question 21

Name the following grounds under which a writ of habeas corpus (4).

Answer 21

(1) violation of the due process clause of the Fifth and Fourteenth Amendments
(2) Violation of the Prohibition of Compelled Self-Incrimination of the Fifth and Fourteenth Amendments
(3) Violation of the protection against double jeopardy of the Fifth and Fourteenth Amendments
(4) Violation of the right not be subject to cruel and unusual punishment under the Eighth Amendment.

Question 22

Under what Amendment(s) could a writ of habeas corpus be granted for a violation of self-incrimination?

Answer 22

Fifth and Fourteenth.

Question 23

Under what Amendment(s) could a writ of habeas corpus be granted for a violation of the right not to be subject to cruel and unusual punishment?

Answer 23

The Eighth.

Question 24

Under what Amendment(s) could a writ of habeas corpus be granted for a violation of the prohibition of compelled self-incrimination?

Answer 24

Fifth and Fourteenth.

Question 25

Under what Amendment(s) could a writ of habeas corpus be granted for a violation of due process?

Answer 25

Fifth and Fourteenth.

Question 26

A petition for a writ of habeas corpus must be filed with _ year(s) of the final judgment of custody.

Answer 26

One.

Question 27

Can successive petitions for habeas corpus relief be filed?

Answer 27

Yes, only with the approval of the U.S. Court of Appeals.

Question 28

T or F? A prisoner can only file a petition for a writ of heabeas corpus after all remedies available at the state level, including state appellate review have been exhausted.

Answer 28

True .

Question 29

T or F? Habeas Corpus Relief is only available when the state court’s determination was contrary to, or involved an unreasonable application of, clearly established federal law as determined by SCOTUS.

Answer 29

True.