Federal question jurisdiction
- Federal question jurisdiction
Federal question jurisdiction is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution, laws, or treaties of the United States.
Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear that it would make the courts too powerful. The Federalists briefly created such jurisdiction in the Judiciary Act of 1801, but it was repealed the following year, and not restored until 1875. The statute is now found at UnitedStatesCode|28|1331: "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States."
Unlike diversity jurisdiction, which is based on the parties coming from different states, federal question jurisdiction no longer has any amount in controversy requirement - Congress eliminated this requirement in actions against the United States in 1976, and in all federal question cases in 1980. Therefore, a federal court can hear a federal question case even if no money is sought by the plaintiff.
To meet the requirement of a case "arising under" federal law, the federal question must appear on the face of the plaintiff's complaint. There has been considerable dispute over what constitutes a "federal question" in these circumstances, but it is now settled law that the plaintiff cannot seek the jurisdiction of a federal court merely because it anticipates that the defendant is going to raise a defense based on the Constitution, or on a federal statute. This "well-pleaded complaint" rule has been criticized by legal scholars, but Congress has so far chosen not to change the law, although the Supreme Court has made clear it is free to do so.
ee also
*Diversity jurisdiction
*Supplemental jurisdiction
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Look at other dictionaries:
federal question jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. federal question jurisdiction … Law dictionary
federal question jurisdiction — Cases arising under Constitution of United States, Acts of Congress, or treaties, and involving their interpretation and application, and of which jurisdiction is given to federal courts, are commonly described as involving a federal question.… … Black's law dictionary
federal question jurisdiction — Cases arising under Constitution of United States, Acts of Congress, or treaties, and involving their interpretation and application, and of which jurisdiction is given to federal courts, are commonly described as involving a federal question.… … Black's law dictionary
federal question jurisdiction — noun (U.S.) the authority that a United States federal court has to hear a cause of action brought under the United States Constitution or federal statutes … Wiktionary
federal question — noun (U.S.) a cause of action brought in a court under the United States Constitution or a federal statutes. A federal question gives rise to federal question jurisdiction … Wiktionary
federal question — see question 2 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. federal question … Law dictionary
jurisdiction — ju·ris·dic·tion /ˌju̇r əs dik shən/ n [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1: the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) to be… … Law dictionary
question — ques·tion n 1: a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question /ˌhī pə the ti kəl/: a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and … Law dictionary
Jurisdiction — In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak ) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and,… … Wikipedia
jurisdiction — A term of comprehensive import embracing every kind of judicial action. Federal Land Bank of Louisville, Ky. v. Crombie, 258 Ky. 383, 80 S.W.2d 39, 40. It is the power of the court to decide a matter in controversy and presupposes the existence… … Black's law dictionary
