Subject Matter Jurisdiction- Federal Question

Question 1

What is a federal question case?

Answer 1

The claim in P’s complaint “arises under” federal law (e.g., federal constitution, legislation).

Question 2

For federal question jurisdiction, is citizenship of the parties or the amount in controversy relevant?

Answer 2

No.

Question 3

What is the well-pleaded complaint rule?

Answer 3

It is not enough that some federal issue is raised by the complaint. The P’s claim itself must “arise under” federal law. So we look at the claim and ignore other material P alleged.

Question 4

In order to determine the well-pleaded complaint rule, ask:

Answer 4

Is the plaintiff enforcing a federal right?

If the answer is yes, the case can go to federal court under FQ jurisdiction.
If the answer is no, the case cannot go to federal court under FQ.

Question 5

Sharon Stone hires David Epstein to build a house. Epstein fails to build, but argues that a federal environmental statute prohibits building where Sharon wants to build. Sharon sues Epstein for specific performance, and alleges that the federal
statute does not apply. Does she have federal question jurisdiction?

Answer 5

No, because the plaintiff isn’t seeking to enforce a federal right.

Question 6

If a defendant’s defense alleges federal law, and this is the only federal law mentioned, is there FQ?

Answer 6

No. Federal question depends on the plaintiff’s claim, not the defendant’s defense.

Question 7

If a plaintiff’s claim merely alleges that federal law does not apply, is there FQ?

Answer 7

No. She’s not seeking to enforce the right.

Question 8

Unless the exam question says that the claim is based upon a federal law, are regular tort, contract, and property claims federal?

Answer 8

No, they are state law.