Federal Question

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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.


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 ?
STUDY OF THE DIVISION OF JURISDICTION BETWEEN STATE AND FEDERAL COURTS 168 (1969) (arguing that federal question jurisdiction should exist "to protect litigants relying on federal law from the danger that the state courts will not properly apply that law, either through misunderstanding or lack of sympathy").
58) The court of appeals explained that state privilege laws do not apply in cases based on federal question jurisdiction.
There is something mystical and Talmudic about the winding doctrine of abstention, habeas corpus, justiciability, and federal question jurisdiction that no doubt draws us into the web of Hart and Wechsler's world and keeps us there.
1991), the probate exception applies only to statutory diversity jurisdiction, not to federal question jurisdiction.
The 1789 Judiciary Act's Section 251 has proved an embarrassment for those claiming that all federal question jurisdiction must vest, either originally or by appellate review, in the federal courts.
This Article, by looking at the history of federal question jurisdiction, seeks to shed light on the persistence of Proposition B.
For instance, with federal question jurisdiction, the removal "link" allows the federal court to guard "against state hostility to federal law or interests," to take advantage of its own expertise in federal law matters, and to develop "uniformity in the interpretation and application of federal law.
Doernberg, There's No Reason for It; It's Just Our Policy: Why the Well-Pleaded Complaint Rule Sabotages the Purpose of Federal Question Jurisdiction, 38 HASTINGS L.
D]istrict courts have possessed general federal question jurisdiction since 1875.
Disagreement among lower federal courts and a shifting majority on the Supreme Court nonetheless persisted concerning the relationship between the Swift doctrine, the expanded federal question jurisdiction, and their application to insurance, personal injury, and municipal bond debt litigation.
However, under the doctrine of "complete preemption" or "displacing preemption," a state court case may be removed on the basis of federal question jurisdiction if the federal statute completely displaces any state law causes of action and therefore leaves room only for federal law.
mirror-like fashion, taking federal question jurisdiction only when the

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