federal-question jurisdiction – exercise of federal-court power over claims arising under the U.S. Constitution, an act of Congress, or a treaty

     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]

References:

Disclaimer: All material throughout this website is pertinent to people everywhere, and is being utilized in accordance with Fair Use.

[1]: Black’s Law Dictionary Deluxe Tenth Edition by Henry Campbell Black, Editor in Chief Bryan A. Garner. ISBN: 978-0-314-61300-4

[2]:  Ballantine’s Law Dictionary Legal Assistant Edition
by Jack Ballantine 
(James Arthur 1871-1949).  Doctored by Jack G. Handler, J.D. © 1994 Delmar by Thomson Learning.  ISBN 0-8273-4874-6.

[3]: pages 46-47 of Represent Yourself in Court; How to Prepare & Try a Winning Case (7th ed.) by Paul Bergman and Sara J. Berman.  NOLO.  ISBN-13: 978-1-4133-1269-0 (pbk.)  ISBN-10: 1-4133-1269-1 (pbk.)

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Back to Types of Jurisdiction

Essential Terminology

Intro to U.S. Law

Legal Precepts Adopted (from Europe) into The U.S. Constitution

§ § of Law Embedded into the Constitution Pursuant to the American Revolution

Indian Country Law

Federal Rules of Procedure

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