Federal Question


Also found in: Wikipedia.

Federal Question

An issue directly involving the U.S. Constitution, federal statutes, or treaties between the United States and a foreign country.

Application of these kinds of law to particular cases or interpretation of the meanings of these laws is a power within the authority of the federal courts. The authority to hear lawsuits that turn on a point of federal law is called federal question jurisdiction. Under 28 U.S.C.A. § 1331 (1993), U.S. district courts "shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." Unlike federal jurisdiction based upon Diversity of Citizenship under 28 U.S.C.A. § 1332 (Supp. 2003), federal question jurisdiction is not dependent on the parties meeting a prescribed amount in controversy.

Cross-references

Jurisdiction; Treaty.

Federal question

n. one basis for filing a lawsuit in federal district court is that it is based on subjects enumerated in the U. S. Constitution or when a federal statute is involved. Thus, existence of such federal question gives the federal court jurisdiction.

References in periodicals archive ?
treat the 1875 Act as the first general federal question grant.
In order for a United States federal district court to exercise jurisdiction over claims brought by a plaintiff, the claims must either be of sufficient federal substance, or be based on diversity between the parties with an amount in controversy exceeding $75,000 (1) When the parties are in federal court based on a federal question, the court's supplemental jurisdiction extends to other non-federal compulsory counterclaims that a defendant is required to bring, and the court may exercise jurisdiction over so called "permissive counterclaims" so long as they form part of the same Article III case or controversy as the original claim.
1) Thus, cases that raise a federal question (2) 3 or with complete diversity of citizenship and an amount in controversy exceeding $75,000 (3) may be removed from state to federal court.
Another common defense tactic in aviation litigation: seeking to remove the case to federal court under the doctrine of "complete preemption" or on the theory that the plaintiff's allegations raise a federal question.
Does the "probate exception" apply only in diversity cases, or does it also apply in federal question cases?
precludes federal court adjudication of a federal question unless the
Federal question jurisdiction originally was provided for only within specific statutes.
Therefore, all these tort actions for violations of international law are within the federal courts' [section] 1331 general federal question jurisdiction.
While in Ottawa, we attended federal Question Period and noted how it differs from Question Period in B.
The railroad also argued that the town has explicitly raised a federal question in its complaint by repeatedly referencing the railroad's anticipated defense of federal preemption.
What this tells us is that there was no mistake by the and there was no federal question," said the attorney, Wiley of the law firm &.
This clause [extending jurisdiction to federal question "cases"] enables the judicial department to receive jurisdiction to the full extent of the constitution, laws, and treaties of the United States, when any question respecting them shall assume such a form that the judicial power is capable of acting on it.

Full browser ?