This page is also continued from Intro >>>> Jurisdiction >>>> Municipal, County, State, Federal, & Tribal Courts >>>> Federal Courts >>>> Jurisdiction of Federal Courts:

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federal-question jurisdiction:
(1941)

1. Constitutional law. The exercise of federal-court power over claims arising under the U.S. Constitution, an act of Congress, or a treaty. 28 USCA § 1331.  [1]

federal question – A genuine and substantial controversy, arising under the Constitution, a law, or treaty of the United States, presented in such form that the judicial power is capable of acting upon it, and so directly involved in a case that a determination thereof is necessary to a decision. Kansas v Colorado, 206 US 46, 51 L Ed 956, 27 S Ct 655; Smith v Kansas City Title & Trust Co. 255 US 180, 65 L Ed 577, 41 S Ct 243. [2]

         Excerpt from Represent Yourself in Court; How to Prepare & Try a Winning Case (7th ed.) by by Paul Bergman and Sara J. Berman (NOLO):

    “Cases that arise under a federal law (called “federal question” cases).  Federal district court haves have subject matter jurisdiction if your case is based on (arises under) any federal law.  Examples include:

• You sue a police officer who wrongfully arrested you under a federal civil rights statute that allows people who are arrested unlawfully to file civil lawsuits seeking damages.
• You sue an individual under under federal patent law for manufacturing an item that violates your patent.
• As an owner of a small business, you sue a large company for violating federal antitrust laws.
• Under a federal law aimed at eliminating discrimination by businesses, a civil rights organization sues a restaurant chain for policies that discourage patronage by members of ethnic minority groups.
• Pursuant to a federal law called ERISA, you sue the insurance company that has denied your claim for mental health benefits.“ [3]

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