Federal Question Jurisdiction

What does Article III, Section 2 of the U.S. Constitution state regarding federal question jurisdiction?

It states that cases arising under the Constitution, U.S. laws, and treaties fall under the jurisdiction of federal courts.

How is it determined if a case arises under federal law according to Article III, Section 2 of the Constitution?

If the issue involves a federal law or has a federal ingredient and is raised by either the plaintiff or defendant, it is considered to arise under federal law.

What does 28 U.S.C. Section 1331 grant jurisdiction over?

It grants jurisdiction to federal courts over all civil actions arising under the Constitution, laws, or treaties of the U.S.

Where must the federal question appear under 28 USC §1331?

The complaint well-pleaded

What is the complaint well-pleaded?

The plaintiff's statement of its own claim does not include anticipated rebuttals or defenses.

What is the Holmes Creation Test?

It determines if the original cause of action in the plaintiff's well-pleaded complaint is created by federal law or state law. If federal law, it is a federal claim.

What are the anticipated rebuttals and defenses, counterclaims that can be raised for federal question jurisdiction?

If it involves patent, copyright, and plant variety laws

What is the Smith Exception Test?

It allows for a state law claim to be heard in federal court if it involves a substantial issue of federal law that must be resolved.

What are the four requirements for a federal issue under the Smith Exception Test?

The federal issue must be (1) necessarily raised, (2) actually disputed, (3) substantial, and (4) capable of resolution without disrupting the federal/state court balance.

What court's jurisdiction do most federal question claims fall in?

Most federal question claims can be heard in either state or federal court (concurrent jurisdiction).

What claims are in the federal courts' exclusive jurisdiction?

Patent law, plant variety law, and copyright law

What is a declaratory judgment as defined in 28 U.S.C. § 2201?

It allows a party to obtain a determination of rights before acting, declaring how the law applies to the facts at issue.

What are the requirements for a declaratory judgment to be valid?

There must be an actual controversy, and it must be within the federal court's subject matter jurisdiction.

FQJ and Declaratory Judgments

If the party with the traditional suit or coercive claim would have a federal question in its well pleaded complaint, then there is federal question jurisdiction in the declaratory action

What is a coercive claim?

It is when the court requires the defendant to pay damages or comply with an injunction.

What does it mean for a federal issue to be 'substantial in the Grable sense'?

It must be important to the federal system as a whole, not just relevant to the individual parties involved.

What does it mean for a federal issue to be 'capable of resolution without disrupting the federal/state court balance'?

It indicates that federal courts can decide the issue without interfering with state courts or causing an influx of cases that should be heard in state courts.