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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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Dkk
19:42
SEO is big money
2016 pushed the conservative party into populism irreversibly
Dkk
19:43
Maybe, but if this is populism, then every election is populist.
19:43
@Dkk: yeah register 1 website and every swinging tom dick and harry calls/emails/texts to 'help with seo'. like bruh, if YOU found it, what i am doing is working
Dkk
19:43
Indeed!
19:48
wasp, i think people are hopeful for a gov who at least attempts to care about the common man
MIAMI A
[] AromaticTroubledDormouse
20:55
How does one know if they are UR1 or UR2?
[] AromaticTroubledDormouse
20:56
CONGRATS MACAQUE!
TY
got a random stanford email and almost had a heart attack
ALSO CONGRATS!
Congrats1!
21:15
Miami A, yall I'm so excited I could cry.
21:15
Feel like I can finally stop holding my breath!! Whew!!!
[] baddestbunny
22:16
every time I get accosted by a strange man who follows me around because my male coworkers were too busy talking to walk me back to my car I get closer to saying we need to bring back traditional gender roles
Dkk
22:32
Nice! @Macaque
Dkk
22:32
@Aromatic, Have to guess.
Dkk
22:33
That sucks @Bunny do you have to go to the hospital?
[] baddestbunny
22:40
I said accosted not assaulted
23:35
guys. my notre dame address just went long is this good or bad
1a2b3c4d26z
23:37
Oooooo me too
23:37
omg is this good or bad
Dkk
23:47
Idk if gender roles are gunna fix that then.
23:49
it looks like most people who applied in october last cycle didn't get a decision until january... does it even mean anything that our addresses went long??
hows ED 2 compared to ED 1?
Dkk
0:10
No idea
windyMagician
0:34
reporting live to say my ndls address also went long
does it mean anything ^
Dkk
2:21
NDLS and Fordham took a very long time last year. It's good info for people to know.
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