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Simple English definitions for legal terms

federal question jurisdiction

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A quick definition of federal question jurisdiction :

Federal question jurisdiction is when a federal court has the power to hear a case because it involves a federal law or the US Constitution. This is one of two ways for a federal court to have jurisdiction over a case. The plaintiff's initial complaint must contain references to the federal question and issue, and it cannot arise in an anticipated defense. There are both constitutional and statutory requirements that must be met before jurisdiction can be found.

A more thorough explanation:

Definition: Federal question jurisdiction is a way for a federal court to have the power to hear a case. This happens when the case involves a question of federal law. There are both constitutional and statutory requirements that must be met before jurisdiction can be found.

Under the Constitution, federal courts can hear "all cases, in law and equity, arising under this Constitution, [and] the laws of the United States..." This means that if a case involves a question of federal law, a federal court can hear it. For example, if someone sues the federal government for violating their constitutional rights, a federal court can hear the case.

For federal question jurisdiction to exist, the requirements of 28 USC 1331 must also be met. This statute gives federal courts jurisdiction only to those cases which "aris[e] under" federal law. This means that the case must involve a question of federal law. For example, if someone sues a company for violating a federal law, a federal court can hear the case.

Typically, in order to have federal question jurisdiction, the plaintiff's complaint must be a well-pleaded one. This means that 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, it must be presented from the initial complaint. For example, if someone sues a company for violating a federal law, the complaint must specifically mention the federal law that was violated.

Another test that courts will often use to determine federal question jurisdiction is called the Grable Test. This is a two-part test:

  1. Does the claim have a "federal ingredient" for federal question jurisdiction under Article III Section 2 of the Constitution?
  2. Does the claim meet the requirements for 28 USC 1331 federal question jurisdiction?

For example, if someone sues the IRS for improperly seizing their property, the case may involve a question of federal law. The Grable Test would be used to determine if a federal court can hear the case.

federal question | Federal Register

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HopefullyInLawSchool
16:06
it means you will not be rejected today and may be accepted or WL in the future
Just got my Michigan rejection
BookwormBroker
16:10
same
RoaldDahl
16:10
@HopefullyInLawSchool: what if i already got rejected. does it mean anything
HopefullyInLawSchool
16:12
@RoaldDahl: Likely not however it could mean nothing
RoaldDahl
16:15
So if it means nothing does that mean something?
HopefullyInLawSchool
16:17
Possibly
RoaldDahl
16:26
Cool
RoaldDahl
16:26
thank you!!!! i hope it means something
pinkandblue
16:31
fart
IrishDinosaur
16:36
Mich R gang lesgooo
Did anyone else get that random get to know nova email?
HopefullyInLawSchool
17:21
Ya it was sent to all YM applicants
starfishies
17:37
Anyone get the NDLS email inviting you to apply for something even though they haven’t made a decision on your app yet
17:38
Better yet I got the email and I was rejected last month
starfishies
17:38
Wtf
starfishies
17:39
and the deadline is in like a week what is this
any cardozo movement?
BatmanBeyond
18:01
Sent a LOCI via portal, but I'm wondering if email would have gotten me a swifter response
BatmanBeyond
18:02
This whole hold/wait-list/reserve system is a headache
loci already?
BatmanBeyond
18:09
If the odds are like 1-2% I don't think it matters much by the numbers
12:11
I got the same NDLS email
OrangeThing
12:18
I think the user profiles are broken
19:29
Any word out of Notre Dame?
19:29
Only the invitation to apply for LSE
19:29
Anyone received a decision from NDLS?
19:50
when did u guys apply that just heard from umich? they havent even glanced at my app yet
0:30
how am i supposed to spy on people when profile links are broken?
Right. Broken links smh
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