SMJ - Federal Question

Question 1

In General, SMJ is…

Answer 1

a court’s competence to heat and determine cases of general class and subject to which proceedings in question belong

Question 2

Federal Question

Answer 2

district court’s have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the US

Question 3

Concurrent/Exclusive Jurisdiction

Answer 3

state courts and federal courts have concurrent jurisdiction of federal claims, except when congress expressly provides that jurisdiction of the federal courts is exclusive

Question 4

Express Scope

Answer 4

federal question exists if the cause of action in question is expressly created by federal law and federal law provides the underlying right

Question 5

Implied Scope

Answer 5

federal question is likely to be found if a right is created by federal law, and a cause of action can be fairly implied and was intended by congress

Question 6

Not Express/Implied Scope

Answer 6

a state-law claim with a federal issue that is

1. necessarily raised
2. actually disputed
3. substantial; and
4. capable of resolution in federal court without disrupting the federal-state balance approved by Congress

Question 7

Well-Pleaded Complaint

Answer 7

federal question exists only when the federal issue is present on the face of the complaint; not defenses, answers, or counterclaims

Question 8

Amount in Controversy/Diversity

Answer 8

No amount in controversy or diversity requirement