In addition to the handout I assigned previously, here are some other ways of visualizing federal question jurisdiction. One or more of them may click with you. In turn, that might help you identify what learning styles work best for you.
Keep in mind that these materials show the basic rules for section 1331 FQ SMJ, without getting into the muck of qualifications and exceptions such as declaratory judgments, the Shoshone case, or the effect of sections 1338(a) and 1454 (re patents and copyrights).
After reviewing the materials below, you should try creating your own way of explaining federal question jurisdiction to yourself. For instance, can you design a flowchart the shows the steps of analyzing federal question jurisdiction?
Here’s a Venn diagram. Blue means there is FQ SMJ. Green means there might be. Red means there isn’t.
Here’s a table. Same colors are used.
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NO FEDERAL ISSUE IN CIVIL ACTION Example: P’s battery claim relies solely on state law
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FEDERAL ISSUE OUTSIDE PLAINTIFF’S COA Example: P pleads D’s anticipated federal defense Example: D’s federal counterclaim Example: D federal defense |
PLAINTIFF ASSERTS CAUSE OF ACTION CREATED BY FEDERAL LAW Example: P asserts claim for federal trademark infringement
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PLAINTIFF ASSERTS STATE CAUSE OF ACTION WITH EMBEDDED FEDERAL ISSUE Example: P’s state tort claim asserts that D was negligent (under state tort law) by failing to do something required by federal administrative agency regulation |
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Constitution: Article III cases arising under federal law |
No SMJ |
SMJ ok per Osborn |
SMJ ok per Osborn |
SMJ ok per Osborn |
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Statute: 28 USC 1331 |
No SMJ |
No SMJ b/c 1331 looks only to plaintiff’s cause of action (Mottley) |
SMJ ok per American Well Works |
Possibly SMJ, must do Grable/Gunn test. |
Posted Aug. 29, 2018