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Federal question jurisdiction information


In United States law, federal question jurisdiction is a type of subject-matter jurisdiction that gives United States federal courts the power to hear civil cases where the plaintiff alleges a violation of the United States Constitution, federal law, or a treaty to which the United States is a party. The federal question jurisdiction statute is codified at 28 U.S.C. § 1331.

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Federal question jurisdiction

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In United States law, federal question jurisdiction is a type of subject-matter jurisdiction that gives United States federal courts the power to hear...

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Diversity jurisdiction

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power to hear lawsuits that do not involve a federal question. For a federal court to have diversity jurisdiction over a lawsuit, two conditions must be met...

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Amount in controversy

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000.00. Congress did not create a consistent federal question jurisdiction, which allows federal courts to hear any case alleging a violation of the Constitution...

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Federal government of the United States

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Code) consistent with the jurisdictional precepts of federal question jurisdiction, diversity jurisdiction, and pendent jurisdiction can be filed and decided...

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Jurisdiction

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United States, the concept of jurisdiction applies at multiple levels (e.g., local, state, and federal). Jurisdiction draws its substance from international...

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Midnight Judges Act

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authority." This form of jurisdiction, now known as federal question jurisdiction, had not previously been granted to the federal courts. In the 19 days...

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Supplemental jurisdiction

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Supplemental jurisdiction, also sometimes known as ancillary jurisdiction or pendent jurisdiction, is the authority of United States federal courts to hear...

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Personal jurisdiction

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Personal jurisdiction is a court's jurisdiction over the parties, as determined by the facts in evidence, which bind the parties to a lawsuit, as opposed...

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Removal jurisdiction

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removal jurisdiction allows a defendant to move a civil action or criminal case filed in a state court to the United States district court in the federal judicial...

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Telephone Consumer Protection Act of 1991

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circuit split among the federal appeals courts on the issue of whether federal courts have federal question, diversity jurisdiction (individually or under...

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Concurrent jurisdiction

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States Code, sections 1331 & 1332 give federal courts concurrent jurisdiction with the state courts over federal question and diversity cases. In the Middle...

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Judiciary Act of 1789

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original federal question jurisdiction to the federal courts, which is why diversity has been described as the "original" and "ancient" jurisdiction of the...

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In rem jurisdiction

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with the property. Within the U.S. federal court system, jurisdiction in rem typically refers to the power a federal court may exercise over large items...

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Sovereign immunity in the United States

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doctrines applicable to both. Title 28 U.S.C. § 1331 confers federal question jurisdiction on district courts, but this statute has been held not to be...

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Reference question

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the jurisdiction of the Court. When Parliament created the Supreme Court of Canada in 1875, it gave the federal Cabinet the power to refer questions to...

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Interpleader

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but not between the claimants, or federal question jurisdiction 28 U.S.C. § 1331 i.e., when a claim is based on federal law; or there is a specific statute...

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Jurisdiction stripping

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determine the jurisdiction of federal courts and to exclude or remove federal cases from state courts. Congress may define the jurisdiction of the judiciary...

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Erie doctrine

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a federal court called upon to resolve a dispute not directly implicating a federal question (most commonly when sitting in diversity jurisdiction, but...

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Advisory opinion

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may certify important questions to the judiciary and obtain an advisory opinion. In other countries or specific jurisdictions, courts may be prohibited...

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Political question

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hear that case. It will claim that it doesn't have jurisdiction. And it will leave that question to some other aspect of the political process to settle...

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Federal judiciary of the United States

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other federal courts and place limitations on their jurisdiction. Article III states that federal judges are appointed by the president with the consent...

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Original jurisdiction

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exercise original jurisdiction. Indeed, in both the federal and most state court systems, the trial courts of "general jurisdiction" hear appeals from...

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