Subject Matter Jurisdiction

Question 1

Constitutional Authority for Arising Under

Answer 1

Article III, Section 2

Question 2

Arising Under Article III, Section 2

Answer 2

“Judicial power shall extend to all cases, in laws and equity, arising under this Constitution, the laws of the United States, and Treaties made, or which shall be made, under their authority.”

Question 3

Federal Ingredient

Answer 3

Justice Marshall in Osborn defined “arising under” as the federal question needs to form a “federal ingredient” of the original case.

Question 4

Statutory Authority for Arising Under

Answer 4

28 U.S.C. § 1331

Question 5

28 U.S.C. § 1331

Answer 5

“District Courts shall have original jurisdiction of all civil action arising under the Constitution, Laws or treaties of the United States.”

Question 6

Well-Pleaded Complaint

Answer 6

1. Measure federal jurisdiction from the prospective of the plaintiff at the time of the filing of the complaint
2. Federal question must arise out of the claim
3. Federal question cannot arise out of a possible defense

Question 7

Creation Test

Answer 7

Cases arise under federal law when federal law created the right of action

Question 8

Essential Federal Ingredient Test (Grable Factors)

Answer 8

Federal jurisdiction over a state claim will lie if a federal issue is:
1. Necessarily Raised;
2. Actually disputed;
3. Substantial; and
4. Capable of resolution by a federal court without disrupting the federal-state balance approved by congress

Question 9

Constitutional Authority for Diversity Jurisdiction

Answer 9

1. Article III, Section 2
2. 14th Amendment

Question 10

Diversity Jurisdiction - Article III, Section 2

Answer 10

Grants federal judicial power over cases concerning controversies between two or more states, between a citizen of a state and a foreign citizen, and between a citizen and foreign state.

Question 11

14th Amendment

Answer 11

“All persons born or naturalized in the United States . . . are citizens of . . . the state wherein they reside.”

Question 12

28 U.S.C. § 1332

Answer 12

Defines diversity jurisdiction and sets forth the amount in controversy

Question 13

28 U.S.C. § 1332(a)(1)-(4)

Answer 13

1. Citizens of different states
2. Citizens of a state and citizens of a foreign state
3. Citizens of different states, where foreign citizens are additional parties
4. Citizens of a state and a foreign state

Question 14

Bank One Factors

Answer 14

1. Voting Rights
2. Taxes
3. Job
4. Property
5. Licenses
6. Religion
7. Memberships
8. Bank accounts

Question 15

28 U.S.C. § 1338

Answer 15

Jurisdiction over patent law cases