Legal Definitions - federal question

A federal question refers to a legal issue or controversy that is significant enough to be heard and decided by a United States federal court because it directly involves federal law.

This means the central dispute in the case requires the interpretation or application of:

• The U.S. Constitution
• A federal statute (a law passed by the U.S. Congress)
• A treaty signed by the United States
• Principles of international law

When a case presents a federal question, it provides a basis for federal courts to exercise their authority to hear the lawsuit from the beginning. Even if a lawsuit is initially filed in a state court, if it contains a substantial federal question, a defendant may have the right to "remove" the case to a federal court.

Here are some examples illustrating a federal question:

• Example 1: Constitutional Rights Challenge

  A group of environmental activists plans a peaceful demonstration outside a federal building. Local police attempt to disperse them, citing a newly enacted city ordinance that prohibits all gatherings within 100 feet of any government property. The activists sue the city, arguing that the ordinance violates their First Amendment rights to freedom of speech and assembly.

  This case presents a federal question because it directly involves the interpretation and application of the U.S. Constitution (specifically, the First Amendment). Therefore, a federal court would have jurisdiction to hear this dispute.

• Example 2: Federal Employment Law

  An employee is fired from a large corporation and believes the termination was due to their race. They file a lawsuit alleging discrimination under Title VII of the Civil Rights Act of 1964.

  This situation involves a federal question because Title VII is a federal statute passed by Congress that prohibits employment discrimination based on race, color, religion, sex, or national origin. Any dispute requiring the interpretation or enforcement of this federal law would fall under the jurisdiction of a federal court.