Subject Matter Jurisdiction - Federal Question Jurisdiction

Question 1

The Constitutional Scope of Federal Question Jurisdiction

Answer 1

Any case in which an issue of federal law is asserted by one of the original parties satisfies the constitutional definition of federal question jurisdiction

Question 2

Federal Question Juridiction

28 U.S.C. § 1331

Answer 2

The federal courts have jurisdiction under all civil claims arising under the Constitution, laws, or treaties of the United States.

Question 3

The Well-Pleaded Complaint Rule for Federal Question Jurisdiction

Answer 3

Cases arise under federal law if the federal issue appears in a well-pleaded complaint by the plaintiff that relies on federal law.

Question 4

Plaintiff Arise Under Rule

Louisville & Nashville Railroad v. Mottley

SCOTUS 1908

Answer 4

For a suit to arise under the Constitution or laws of the United States, giving a federal court jurisdiction to hear the case, a plaintiff must allege a cause of action based upon those laws or that Constitution.

Question 5

Justice Holmes’s Creation Test

Answer 5

Cases arise under the law that caused the suit.

Question 6

State Law Claims Involving Substantial Questions of Federal Law

Answer 6

State law claims can be brought in federal court if the court must decide on a federal issue to resolve the case

Question 7

Federal Jurisdiction Over a State Law

Gunn v. Minton

SCOTUS 2013

Answer 7

The federal component of a plaintiff’s state claim must necessarily be raised, be disputed, substantial, and be able to be decided upon in federal court without affecting the federal-state balanced in order to arise under the Constitution or laws of the United States. Substantial means substantial to the court system, not the plaintiff.

Question 8

Supreme Court Jurisdiction Over Appeals

28 U.S.C. 1257

Answer 8

The Supreme Court has the authority to hear cases on appeal from a state’s highest court that turn on a federal issue, no matter who brought up the issue