SMJ: Federal Question Jurisdiction ("Arising Under") Flashcards
1
Q
what is the basis for federal question jurisdiction?
A
exists for a claim that arises under federal law
2
Q
what must the plaintiff’s claim be based on?
A
it must be based on federal law
look at the face of the well pleaded complaint
3
Q
does the existence of a federal defense matter?
A
no, only the plaintiff’s claims count for determining fed q jurisdiction
4
Q
what if the defense is important
A
it still does not count for fed q jurisdiction
