LAW 607 Lecture Notes - Lecture 17: Complaint, Federal-Question Jurisdiction, Subject-Matter Jurisdiction
31 May 2020
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Federal jurisdiction exists regardless of how small plaintiff"s claim is: until 1980, 1331 did contain an amount in controversy requirement. Therefore, many older cases discussing 1331 discuss the issue: not exclusive: federal jurisdiction under 1331 is concurrent, not exclusive. Most federal questions may be litigated in either state or federal court: exceptions: in certain situations, a federal statute creating a claim also specifies that only federal courts may hear the claim. A cause of action can be set forth expressly in the statute, or in some cases may be implied by a court from the language and context of the statute. If a treaty provides legally enforceable claims to plaintiff, the federal courts may hear the claim under 1331. Most treaties, however, do not create claims themselves but are instead implemented by federal statute. Arising under : section 1331 requires that the claim arise under one of the above sources of federal law.
