What are examples of federal questions?

For example, suppose that a tenant sued a landlord in federal court alleging she was discriminated against in violation of the Fair Housing Act. As stated above, that lawsuit would come under the “federal question” jurisdiction.

What falls under federal question jurisdiction?

In United States law, federal question jurisdiction, 28 USC 1331, is the subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.

What is required for federal question jurisdiction?

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 the references to the federal question and the federal issue evoked.

Do you need both federal question and diversity jurisdiction?

No question of federal law is required, and jurisdiction is concurrent with that of the state courts, which means that if the requirements for federal diversity jurisdiction are satisfied, the plaintiff can file the action in either federal or state court.

What is federal question?

A federal question is one of the bases for the exercise of federal district court jurisdiction over a controversy. A federal question is involved when the matter in dispute is based on subjects enumerated in the U.S. Constitution or when a federal statute or treaty is involved.

What is federal question jurisdiction?

Federal Question Jurisdiction. Federal question jurisdiction is a term to refer to the situation in which a U.S. 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…

What is a federal question case?

A federal question arises when a plaintiff in a civil case claims that he or she has been wronged by an action that violates either a federal law, the Constitution, or a treaty involving the U.S. When this occurs, federal question jurisdiction can take place, overriding the jurisdiction of the state or states of the cause of action or the parties