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Simple English definitions for legal terms

federal question jurisdiction

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A quick definition of federal question jurisdiction :

Federal question jurisdiction is when a federal court has the power to hear a case because it involves a federal law or the US Constitution. This is one of two ways for a federal court to have jurisdiction over a case. The plaintiff's initial complaint must contain references to the federal question and issue, and it cannot arise in an anticipated defense. There are both constitutional and statutory requirements that must be met before jurisdiction can be found.

A more thorough explanation:

Definition: Federal question jurisdiction is a way for a federal court to have the power to hear a case. This happens when the case involves a question of federal law. There are both constitutional and statutory requirements that must be met before jurisdiction can be found.

Under the Constitution, federal courts can hear "all cases, in law and equity, arising under this Constitution, [and] the laws of the United States..." This means that if a case involves a question of federal law, a federal court can hear it. For example, if someone sues the federal government for violating their constitutional rights, a federal court can hear the case.

For federal question jurisdiction to exist, the requirements of 28 USC 1331 must also be met. This statute gives federal courts jurisdiction only to those cases which "aris[e] under" federal law. This means that the case must involve a question of federal law. For example, if someone sues a company for violating a federal law, a federal court can hear the case.

Typically, in order to have federal question jurisdiction, the plaintiff's complaint must be a well-pleaded one. This means that the plaintiff's initial complaint must contain references to the federal question and the federal issue evoked. The federal question and issue cannot arise in an anticipated defense, it must be presented from the initial complaint. For example, if someone sues a company for violating a federal law, the complaint must specifically mention the federal law that was violated.

Another test that courts will often use to determine federal question jurisdiction is called the Grable Test. This is a two-part test:

  1. Does the claim have a "federal ingredient" for federal question jurisdiction under Article III Section 2 of the Constitution?
  2. Does the claim meet the requirements for 28 USC 1331 federal question jurisdiction?

For example, if someone sues the IRS for improperly seizing their property, the case may involve a question of federal law. The Grable Test would be used to determine if a federal court can hear the case.

federal question | Federal Register

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You'll forever have those days where shit ain't getting done. Just a matter of how you handle them. (IE using Chatgpt to draft a motion for leave like meeeee)
NosyBeagle
13:52
look at my lawyer dawg... im going to jail
Nah, I don't use it to do my case law. Just the actual motion drafting.
For example, I was trying to get the right language in a Motion for Sanctions (tl;dr slip and fall case, defense counsel played nothing but games – IE never sending records despite it being mandatory to trcp, producing never before seen records DURING A DEPO) and just talked to ChatGPT about his behavior to provide background to help with the drafting for the procedural paragraph.
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Can i get accommodations for mid test 2 hour nap
I mean, i have sadhd
15:34
you could get accommodations for the schizoaffective disorder you clearly have
NosyBeagle
15:53
a two hour nap in between sections would be great for me
ronniedoeslaw
15:58
LSAT isn’t horrible you just have to lock in really hard for 2 hours and expect to be exhausted the rest of the day mentally
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ugh i hit this lady w my car
16:31
well i hit her car and the cops said there's no damage but she says there is should i call my insurance what u think lawyers
real quick question. How much do early applications matter? I have super strong softs and an ok LSAT score of 160. GPA wasn't great at 3.33. I applied in late march and I have been rejected everywhere so far
16:58
late march is way too late
16:58
early doesn’t matter but before thanksgiving matters
ronniedoeslaw
16:59
Have you used the LSAC search for schools link? It helps a lot letting you know the probability of acceptance.
I mean early early might be overblown but dont apply if you are applying in march
does anyone know how many questions they typically ask for the UT recorded interview
20:21
has anyone been accepted off of the waitlist for New England yet?
ronniedoeslaw
20:36
No yet for me, I was waitlisted on Monday
ronniedoeslaw
20:36
Not *
[deleted by esoterica]
don't be a dick bro
ronniedoeslaw
14:19
Foreal
ronniedoeslaw
14:20
The name says it all lol
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