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Federal judicial power · complete doctrine guide

Federal-question jurisdiction

Federal-question jurisdiction is the first gate on almost every civil procedure question that opens with a federal claim. A federal court has it only when federal law creates the cause of action, or when a state-law claim necessarily raises a federal issue that is actually disputed, substantial to the federal system, and can be resolved without upsetting the balance Congress has struck between federal and state courts. The analysis follows the well-pleaded-complaint rule: look only at the plaintiff's own claim as properly pleaded, and ignore any federal defense or federal counterclaim the defendant might raise, because those never supply jurisdiction on their own. A private right of action under a federal statute is usually enough by itself; where the claim rests on state law, the harder embedded-issue route requires that the federal question be necessarily raised and substantial, not merely important to the parties bringing the case.

TESTED STATUSCurrent MBE, MEE where applicable, and NextGen foundational doctrine
01 · COMPLETE FRAMEWORK

Black-letter propositions

  1. 01

    Apply the well-pleaded-complaint rule; ignore anticipated defenses and federal counterclaims.

  2. 02

    A federal ingredient must appear in the plaintiff's properly pleaded claim.

  3. 03

    Declaratory-judgment actions are analyzed by asking whether the coercive action would arise under federal law.

  4. 04

    A private federal cause of action usually suffices; an embedded issue requires the narrower substantial-federal-question test.

02 · ORDER OF ANALYSIS

Use this attack sequence under time

1

Frame the issue

Is federal law an element of the claim?

2

Resolve the next checkpoint

Is the issue substantial to the federal system, not merely important to the parties?

3

Finish the conclusion

Would federal jurisdiction upset the congressionally approved division of labor?

03 · DISTINCTIONS THAT CREATE POINTS

Common wrong turns

  • A federal defense never supplies ordinary federal-question jurisdiction.
  • A complaint cannot manufacture jurisdiction by artful reference to federal law.
04 · WORKED APPLICATION

Worked example

A patient sues a drug manufacturer under state negligence law and alleges that violation of a federal labeling rule proves breach. The federal statute creates no private action.

Model analysis

The federal rule may be evidence of breach, but that alone does not necessarily create federal-question jurisdiction. Analyze whether the federal issue is necessarily raised, disputed, systemically substantial, and consistent with the federal-state balance.

05 · CLOSED-BOOK RETRIEVAL

Practice this topic

06 · FROM THE PRIMARY TEXT

What the statute and the Constitution say

28 U.S.C. 1331 says the district courts have original jurisdiction of all civil actions arising under the Constitution, laws or treaties of the United States. It has no amount-in-controversy requirement. Article III, Section 2 extends the federal judicial power to all cases in law and equity arising under the Constitution, the laws of the United States and treaties.

The statute's phrase is arising under, so the question is whether the claim is created by federal law or depends on it.

07 · FROM THE PRIMARY TEXT

How federal-question cases reach state and federal court

A federal question claim can be filed in state court unless a statute makes federal jurisdiction exclusive. It can also be removed there: 28 U.S.C. 1441(a) lets a defendant remove any civil action brought in a state court of which the district courts have original jurisdiction. That is why the removal statute matters even when the plaintiff chose state court.

Rule 8(a)(1) of the Federal Rules of Civil Procedure requires a pleading to contain a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support.

08 · QUICK ANSWERS

Frequently asked questions

What is the controlling rule for federal-question jurisdiction?+

A federal court has federal-question jurisdiction only when a federal issue appears on the face of the well-pleaded complaint and satisfies the federal cause-of-action or embedded-federal-issue route.

What does 28 U.S.C. 1331 provide?+

That the district courts have original jurisdiction of all civil actions arising under the Constitution, laws or treaties of the United States.

Does federal question jurisdiction require an amount in controversy?+

No. Section 1331 contains no amount-in-controversy requirement, unlike the $75,000 figure in the diversity statute, 28 U.S.C. 1332(a).

What does Article III say about arising-under cases?+

Article III, Section 2 extends the judicial power to all cases in law and equity arising under the Constitution, the laws of the United States and treaties.

Can a defendant remove a federal question case from state court?+

Yes. Under 28 U.S.C. 1441(a), any civil action brought in a state court of which the district courts have original jurisdiction may be removed by the defendant.

What must a federal complaint say about jurisdiction?+

Under Rule 8(a)(1), a short and plain statement of the grounds for the court's jurisdiction, unless the court already has jurisdiction and the claim needs no new jurisdictional support.

SOURCE DESK

Primary sources

Cornell LII: Federal Rules of Civil Procedure (Rules 8)↗Cornell LII: 28 U.S. Code (Sections 1331, 1441)↗Cornell LII: U.S. Constitution, Article III↗28 U.S.C. § 1332 (Office of the Law Revision Counsel)↗

Governing text for federal-question jurisdiction

Federal Rules of Civil Procedure (U.S. Courts) ↗