SMJ: Federal Question Flashcards
(13 cards)
Definition: federal question jurisdiction
Federal district courts have ORIGINAL jurisdiction over all civil actions “arising under the Constitution, laws, and treaties of the United States”
Right of action cases
The Constitution or federal statutes may create a right of action. In that case, federal courts have jurisdiction to hear those suits.
Well-pleaded complaint rule
To create federal question jurisdiction, the federal question must arise within the plaintiff’s AFFIRMATIVE claim—regardless of any defense the defendant might raise.
Violation of well-pleaded complaint rule
A defendant’s use of federal law as the basis for her defense will NOT, by itself, create federal question jurisdiction.
Remedy requirement for FQ jurisdiction
A violation of a federal statute does NOT create a federal cause of action unless the statute also provides a REMEDY for the violation.
Rule for embedded state claim to have FQ jurisdiction
A state question that involves a question of federal law may be sufficient to create federal question jurisdiction.
The mere presence of federal law in a claim is insufficient to create jurisdiction. The federal law must have a SUBSTANTIAL IMPACT on the state law issue.
Admiralty jurisdiction
Federal courts have ORIGINAL jurisdiction over admiralty or maritime cases.
Requirement for admiralty jurisdiction
Admiralty jurisdiction requires that a case have a “MARITIME NEXUS.”
A maritime nexus requires that the incident giving rise to the case had a “potentially disruptive effect on maritime commerce,” and the general character of the activity giving rise to the incident shows a “substantial relationship to traditional maritime activity”
Jurisdiction through writ of habeas corpus
Federal courts have subject-matter jurisdiction to review the state court conviction of a prisoner through a writ of habeas corpus, challenging the confinement of the prisoner on federal constitutional grounds
Definition: writ of habeas corpus
A civil cause of action brought against the jailor or custodian of a person currently under CONFINEMENT.
Grounds for habeas corpus
(a) violation of the DUE PROCESS Clause of the Fifth and Fourteenth Amendments;
(b) violation of the prohibition of compelled SELF-INCRIMINATION
(c) violation of the protection against DOUBLE JEOPARDY
(d) violation of the right not to be subject to CRUEL AND UNUSUAL punishment
Prerequisite for seeking a writ of habeas corpus
In order to seek a writ of habeas corpus from a federal court, the prisoner must have EXHAUSTED ALL REMEDIES available at the state level, including all state appellate review.
Deadline to file petition for writ of habeas corpus
Must be brought within ONE YEAR of the final judgment of custody
