Federal Question Jx Flashcards
Can state courts hear federal claim?
Yes, unless it is a patent claim.
Can federal courts hear state law claims?
Yes, if they follow 28 U.S.C. 1332 (amount in controversy and complete diversity)
When can subject matter jx be raised in court?
any stage of the case
28 U.S.C. 1331
Federal district has jx over all cases arising under the constitution, laws or treaties of the U.S.,
What narrows down 28 U.S.C 1331?
Well pleaded complain rule (Mottley)
Holmes Creation Test
What is the well-pleaded complaint rule?
The well pleaded complaint rule when a federal issue appears at the face of the well -pleaded complaint.
What is the Holme’s test and what is the necessary reason for it?
It can be hard to determine which pleadings are federal law related so Holme’s test states that a case arises under federal law, the federal courts have federal question jx over it.
To see if there is federal question jx, what reasoning will the court use?
28 U.S.C 1332: See if case falls under this broad jx.
Then use the Mottley Rule to see if there is a well-pleaded complaint of the plaintiff is talking about federal law.
Then Holme’s test is used to see whether the claim arises under federal law. Is the cause of action in this claim federal law? Do the allegations assert a right to relief created by federal law?
Can counterclaims be used to establish federal question jx?
What is the exception?
No, they cannot. Just like counterclaims cannot be added to amount in controversy requirements.
Exceptions are if the counterclaim is regarding patents, plant -variety protection, and copyrights, can move to federal court.
When can a federal court hear a state law claim under federal question jx?
When a substantial issue of federal law has to be resolved to solve the state law claim, then state law claim can be heard by federal court.
What are the 4 factors that is used as a standard for federal jx in embedded federal issue?
They are if the federal issue is
- necessarily raised
- actually disputed
- substantial
- capable
Can suits asserting novel claims to relief under federal law be seen by federal court?
Yes. For example, there is no federal right saying that 4th amendment violations can give a right to claim money –> but this does not prevent federal court from seeing the case, as the claim does arise under federal law.
Can federal law adopt state standards?
Yes, when federal statue saying a state standard has to be followed. And this kind of case arising from the federal law, even if the defendant violated the state law.
What is supplemental jx?
If the same set of facts gives rise to both federal and state claims, the federal court can hear all these claims.
Which courts can the supreme court hear cases from?
Supreme court can hear cases from both the appellate courts of the state as well as the federal courts of appeals.
28 U.S.C. 1331 only regulates the appelate division of the federal courts, not the supreme courts.
