Gavin Howe
Federal question jurisdiction allows federal courts to hear civil cases where the plaintiff alleges a violation of the US Constitution, federal law, or a treaty to which the US is a party. For a federal court to gain subject matter jurisdiction over a case, the cause of action must arise under federal law. The plaintiff's initial complaint must contain references to the federal question and the federal issue evoked. The federal question jurisdiction statute is codified at 28 U.S.C. § 1331, which gives federal courts jurisdiction over cases that arise under federal law.
| Characteristics | Values |
|---|---|
| Type of jurisdiction | Federal question jurisdiction |
| Type of cases | Civil cases |
| Who can ask federal questions | Plaintiffs |
| Who can hear federal questions | Federal courts |
| Requirements | The plaintiff's complaint must contain references to the federal question and the federal issue evoked |
| The plaintiff must raise at least one federal claim in their complaint | |
| The plaintiff's complaint must be well-pleaded | |
| The plaintiff's complaint must include a federal claim |
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What You'll Learn
Federal question jurisdiction
Article III of the US Constitution permits federal courts to hear "all cases, in law and equity, arising under this Constitution, [and] the laws of the United States...". This has been interpreted broadly, allowing federal courts to hear any case with a federal ingredient. For federal question jurisdiction to exist, the requirements of 28 USC 1331 must also be met. This statute gives federal courts jurisdiction over cases that "aris [e] under" federal law. This has been found to be narrower than the requirements of the constitution.
The Supreme Court has found that a "suit arises under the law that creates the cause of action", and therefore, only suits based on federal law are likely to create federal question jurisdiction. For federal question jurisdiction to be established, the plaintiff's initial complaint must contain references to the federal question and the federal issue evoked. The federal question and issue cannot arise in an anticipated defense but must be presented from the initial complaint. This is called a well-pleaded complaint.
Another test used to determine federal question jurisdiction is the Grable Test, which asks: does the claim have a "'federal ingredient' for federal question jurisdiction under Article III Section 2 of the Constitution? And does the claim meet the requirements for 28 USC 1331 federal question jurisdiction?
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Constitutional and statutory requirements
In the United States, federal question jurisdiction is a type of subject-matter jurisdiction that gives federal courts the power to hear civil cases where the plaintiff alleges a violation of the US Constitution, federal law, or a treaty to which the US is a party. This is outlined in Article III of the US Constitution, which permits federal courts to hear such cases as long as Congress passes a statute to that effect. The federal question jurisdiction statute is codified at 28 U.S.C. § 1331, which states that district courts have original jurisdiction in civil actions arising under the Constitution, laws, or treaties of the United States.
For federal question jurisdiction to exist, there are both constitutional and statutory requirements that must be met. Firstly, under Article III of the Constitution, federal courts can hear "all cases, in law and equity, arising under this Constitution, [and] the laws of the United States..." This has been interpreted broadly by the Supreme Court, allowing federal courts to hear any case with a "'federal ingredient'". This means that the federal question must be evident in the plaintiff's initial complaint and cannot arise merely in anticipation of a defence based on federal law.
Additionally, the requirements of 28 USC 1331 must be satisfied for federal question jurisdiction. This statute gives federal courts jurisdiction over cases that "arise under" federal law, which has been interpreted narrowly by the Supreme Court. This means that only suits based on federal law are likely to create federal question jurisdiction, and state lawsuits are generally not sufficient. The plaintiff's complaint must be well-pleaded, referencing the federal question and issue from the outset.
The federal courts' authority to hear federal question cases is rooted in both constitutional text and implementing statutes. When Congress creates lower federal courts, it typically specifies the portions of federal judicial power that these courts may exercise. This includes the "arising under" clause in Article III, which enables the judicial department to assume jurisdiction over cases involving the Constitution, laws, and treaties of the United States.
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Plaintiff's complaint
A plaintiff's complaint is a document that describes what the plaintiff wants (money or some other type of relief) and why they believe they are entitled to that relief. It also identifies the defendant and the court in which the case will be heard. The complaint must contain a "caption" or heading that includes the name of the court and county, the names of the plaintiff and defendant, the case number (if available), and the document's title.
In the body of the plaintiff's complaint, a short and plain statement of the claim must be included, showing that the plaintiff is entitled to relief. The plaintiff must state all of their claims against the defendant and specify the remedy they are seeking. The complaint must give fair notice about the nature and basis of the claim and the type of case. It should also include references to any federal questions or issues involved, as this will determine whether the case falls under federal question jurisdiction, which gives federal courts the power to hear civil cases where the plaintiff alleges a violation of the United States Constitution, federal law, or a relevant treaty.
To initiate the case, the plaintiff must file the complaint with the court and pay a filing fee. The court will then issue a summons, a legal document notifying the defendant that they are being sued. The summons and complaint must be "served" or personally delivered to the defendant.
It is important to note that the requirements for a plaintiff's complaint may vary depending on the jurisdiction and specific court rules. This response provides a general overview, and it is always advisable to seek legal advice or refer to local court rules when drafting a plaintiff's complaint.
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Federal claim
Federal question jurisdiction is a type of subject-matter jurisdiction that gives US federal courts the power to hear civil cases where the plaintiff alleges a violation of the US Constitution, federal law, or a treaty to which the US is a party. This jurisdiction is granted by 28 U.S.C. § 1331, which states that district courts have original jurisdiction in civil actions arising under the Constitution, laws, or treaties of the United States.
For federal question jurisdiction to exist, the requirements of 28 USC 1331 must be met, and there are both constitutional and statutory requirements that must be satisfied. Under Article III of the US Constitution, federal courts can hear "all cases, in law and equity, arising under this Constitution [and] the laws of the United States." This has been interpreted broadly by the Supreme Court, allowing federal courts to hear any case with a federal ingredient.
The plaintiff's initial complaint must contain references to the federal question and the federal issue evoked. The federal question and issue cannot arise in an anticipated defense but must be presented from the initial complaint. This means that the plaintiff's complaint must be well-pleaded.
The US Court of Federal Claims has jurisdiction over claims seeking monetary judgments against the United States government. This court handles cases where individuals or organisations seek financial compensation or other monetary remedies from the federal government.
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Supreme Court review
The Supreme Court Review is a highly acclaimed annual publication that provides an in-depth critique of the Supreme Court and its work. It has been published by the University of Chicago Press on behalf of the University of Chicago Law School since 1960. The Review is written by and for legal academics, judges, political scientists, journalists, historians, economists, policy planners, and sociologists. It aims to provide a sustained and authoritative survey of the implications of the Court's most significant decisions, keeping up with the origins, reforms, and interpretations of American law. The Review is edited by David A. Strauss, Geoffrey R. Stone, William Baude, and Justin Driver, and welcomes unsolicited manuscripts from a variety of scholars.
The editorial process for the Supreme Court Review involves two rounds of editorial decisions per year, in June and September, for volumes to be published the following spring. Authors are expected to submit their manuscripts by Labor Day of the previous fall, following The Blue Book style guide. Editing is typically completed by December 1, and authors have the opportunity to correct technical errors and update citations in mid-January.
The Supreme Court Review covers a range of topics related to the Supreme Court's decisions and their implications. This includes discussions of federal question jurisdiction, which is a type of subject-matter jurisdiction that gives federal courts the power to hear cases involving federal law and the US Constitution. Federal question jurisdiction is based on Article III of the US Constitution and the relevant statutes, such as 28 U.S.C. § 1331. The Supreme Court has interpreted this broadly, allowing federal courts to hear any case with a federal ingredient.
In summary, the Supreme Court Review is a prestigious and influential publication that provides critical analysis and insights into the work of the Supreme Court. It contributes to the understanding and interpretation of American law and welcomes contributions from a diverse range of scholars and practitioners. The Review's comprehensive editorial process ensures the timely publication of well-researched and accurate content. Additionally, the Review covers a wide range of topics, including federal question jurisdiction, which is an important aspect of the federal court system's authority.
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Frequently asked questions
Federal question jurisdiction is a type of subject-matter jurisdiction that gives federal courts the power to hear cases where the plaintiff alleges a violation of the US Constitution, federal law, or a treaty that the US is a party to.
Either party in a dispute can invoke federal question jurisdiction if the court must interpret the Constitution or federal law to resolve the dispute.
For federal question jurisdiction to be invoked, the plaintiff must raise at least one federal claim in their initial complaint. This means that the plaintiff's complaint must contain references to the federal question and the federal issue at stake.
In the case of American Well Works v. Layne & Bowler Co. (1916), American Well Works manufactured and patented a specific type of pump. They sued Layne & Bowler Co. for libel and slander regarding the patent. American Well Works argued that only federal courts had jurisdiction over patent law claims.
