LAW 607 Lecture Notes - Lecture 6: Federal-Question Jurisdiction, Subject-Matter Jurisdiction
1 Jun 2020
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28 usc 1331 requires that the case must arise under federal law. it is not enough that the case be related to federal law. It is not enough for the plaintiff anticipate a federal question and therefore file in federal court. The case must arise out of federal law. 28 usc 1257 federal court can hear cases that are a state law claim alleging a violation of a u. s. 28 usc 1346 federal question jdx is created when us is a defendant in the case. 28 usc 1338 federal courts have exclusive jdx for patent and copyright cases. 28 usc 1333 maritime cases are federal questions and 1334 bankruptcy are federal questions. The general rule is that a case can be removed from state to federal court if the case as it was filed and pleaded could have been filed in either state or federal court.
