The Full Wiki

More info on Federal question jurisdiction

Federal question jurisdiction: Wikis

Advertisements

Note: Many of our articles have direct quotes from sources you can cite, within the Wikipedia article! This article doesn't yet, but we're working on it! See more info or our list of citable articles.

Encyclopedia

(Redirected to Federal-question jurisdiction article)

From Wikipedia, the free encyclopedia

Seal of the United States Supreme Court.svg
United States Federal
civil procedure doctrines
Justiciability
Advisory opinions
Standing · Ripeness · Mootness
Political questions
Jurisdiction
Federal question jurisdiction
Diversity jurisdiction
Supplemental jurisdiction
Removal jurisdiction
Amount in controversy
Class Action Fairness Act of 2005
Jurisdiction in rem
Minimum contacts
Federalism
Erie doctrine · Abstention
Sovereign immunity · Abrogation
Rooker-Feldman doctrine
Adequate and
independent state ground
edit this template

Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject-matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution or law of the United States, or treaties to which the United States is a party.

Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear that it would make the courts too powerful. The Federalists briefly created such jurisdiction in the Judiciary Act of 1801, but it was repealed the following year, and not restored until 1875. The statute is now found at 28 U.S.C. § 1331: "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."

Unlike diversity jurisdiction, which is based on the parties coming from different states, federal question jurisdiction no longer has any amount in controversy requirement - Congress eliminated this requirement in actions against the United States in 1976, and in all federal question cases in 1980. Therefore, a federal court can hear a federal question case even if no money is sought by the plaintiff.

To meet the requirement of a case "arising under" federal law, the federal question must appear on the face of the plaintiff's complaint. There has been considerable dispute over what constitutes a "federal question" in these circumstances, but it is now settled law that the plaintiff cannot seek the jurisdiction of a federal court merely because it anticipates that the defendant is going to raise a defense based on the Constitution, or on a federal statute. See Louisville & Nashville Railroad Co. v. Mottley. This "well-pleaded complaint" rule has been criticized by legal scholars, but Congress has so far chosen not to change the law, although the Supreme Court has made clear it is free to do so.

See also

Advertisements

Advertisements






Got something to say? Make a comment.
Your name
Your email address
Message