Subject Matter Jurisdiction: Federal Question

Question 1

What is the general rule w regards to federal question jdxn?

Answer 1

district courts have ORIGINAL jdxn over all civil actions arising under:

1. constitution
2. federal laws
3. federal treaties

Question 2

What is the rule w regards to federal question jdxn and P’s complaint?

Answer 2

• Fed q must appear as part’s of P’s COA, set out in well pleaded complaint

Question 3

Will the existence of a defense based on federal law create federal q jurisdiction?

Answer 3

No

ALSO –> a complaint does NOT raise a F question if it does so only in anticipation of a defense

Question 4

For purposes of fed question jurisdiction - can a right of action be implied?

Answer 4

Yes.

It is not essential that a fed statute expressly provide for a civil COA

Question 5

What is the rule if P has both federal and state claims?

Answer 5

If P has both federal and state claims –>
Fed court has the DISCRETION to exercise supplemental jurisdiction over the state law claim IF
- the two claims derive from “common nucleus of operative fact” and;
- are such that a P would “ordinarily be expected to try them all in one proceeding”

Question 6

If, in a Federal case, the court exercises supplemental jdxn over a state claim - what happens if the federal claim is dismissed?

Answer 6

• May still proceed on state claim