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Cards In This Set
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Federal Question Jurisdiction - 28 U.S.C. § 1331The district courts have jurisdiction of . . . . .
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The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
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Where can federal questions be litigated?
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Jurisdiction is concurrent, not exclusive, so
federal questions can be litigated in federal or state ct.
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I. Subject Matter
Jurisdiction (Federal Ct.)
Who can raise or challenge SMJ?When can SMJ be raised or challenged?
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Any party may challenge; a Ct can raise sua sponte its own lack of subject
matter jurisdiction; and SMJ can be raised at anytime
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"Arising Under"
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The district courts shall have original jurisdiction of all
civil actions arising under the Constitution, federal laws, or treaties of the United States.Constitution: person
whose constitution rights are violated
can bring an action under the const. and fed cts have SMJFederal law: Statute: expressed (in text) or implied (lang. and context)Federal law common law: any
claim arising under the body of federal judge-made substantive law can be heard
in a federal ct under 1331Treaties: treaties with other
nations and treaties that provide legally enforceable rights to P have SMJ
under 1331
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Minimum $ in controversy
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No minimum amount $ in controversy
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Well-pleaded complaint rule
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FR 8: Complaint must include a “short and plain statement of
the grounds upon which the court’s jurisdiction depends.”
question must appear on the face of P’s well pleaded complaint Must be a substantial claim…NOT frivolous Understand: Anticipating defense, Declaratory judgments |
