Subject Matter Jurisdiction

Question 1

Federal Question Jurisdiction

Answer 1

Arising under requirement: 3 Definitions

1. Explicit federal right/remedy
2. Essential element of the claim
3. Important federal policy is implicated

Question 2

Determining an Essential Element

Answer 2

1. Does the claim necessarily raise the stated federal issue?
2. Is the stated federal issue actually disputed?
3. Is the stated federal issue substantial such that a federal forum may hear it without disturbing the balance of federal/state judicial responsibility?

Question 3

Arguments for Essential Element of Claim

Answer 3

Defendant will argue that federal law is not an essential element of plaintiffs claim because:
- It is a ROM state negligence claim

Plaintiff will counter-argue that federal law is an essential element of his/her claim because:
- federal issues stated as claims, injuries arose because they violated the statute

Question 4

Important Federal Policy

Answer 4

Triggered when fact pattern indicates them trying to protect certain groups of people/prevent certain type of harm

Question 5

Important federal policy arguments

Answer 5

Defendant will argue that the federal question is not an important federal policy because:

• rarely enforced
• the harm inflicted isn’t the type of harm the federal policy was my to prevent

Plaintiff will argue that the federal question is an important federal policy because:

• federal policy is trying to invoke safety to whatever the policy is about