Federal Question Jurisdiction Flashcards
USC §1331
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws or treatises of the US
Osborn v. Bank
So long as there is a “federal ingredient” in the action, there is federal question jurisdiction
Demurrer
a procedural device that the defendant may use to assert that the plaintiff’s complaint is legally insufficient because the law does not provide a remedy for the conduct alleged in the complaint
Louisville & Nashvill RR Co v. Mottley
A suit only arises under the Constitution and laws of the US when the PLAINTIFF’S cause of action shows that it is based upon those laws or that Constitution
– Anticipation of a defense is not sufficient
Well Pleaded Complaint Rule
Complaint must be based on a federal law; cannot anticipate the defendant brining up a federal law as a defense
- Allows the court to know ASAP if case has federal question jurisdiction
Holmes Creation Test
A suit arises under the law that creates the cause of action
- Counterclaims CANNOT be basis for federal question jurisdiction
Concurrent jurisdiction
States may hear cases of federal jurisdiction UNLESS Congress specified that a particular type of federal claim MUST be brought into federal court
Declaratory Judgement
28 USC §2201-2202
A party who is likely to be sued can ask the court to declare the rights of both parties BEFORE the action has taken place
–CYA
Coercive Relief
The person whose complaint you would apply the “well pleaded complaint” rule to.
Smith Exception
A case based on a state law claim could arise under federal law if the plaintiff’s case turns on a important federal issue
– Underlying grounds for relief are based on a federal law
Grable Rule
A) Must necessarily raise a stated federal issue
B) The issue is disputed
C) The issue is substantial (will have an effect on future litigation of this subject/area of law going forward)
– implications beyond this case could potentially affect other cases
– Broad impact outside of the parties; because of desire for uniformity and the expertise of federal judges in subject of federal law – move to fed. court
D) A federal forum may entertain this issue without disturbing any balance of federal and state judicial responsibilities
Gunn v. Minton
Minton’s case within a case was based on patent law - which is federally regulated
- His case met A&B of Grable test
- C - his case was not substantial to anyone but himself; would not have any broad impact outside of this cas
- D - as the main case was one of legal malpractice, and this is a state regulated area of law, this would have violated the balance btwn state and federal.
