Also known as:arising out of or relating to · arises out of or relates to · arose out of or related to · arising under · related to
Written by attorneys · grounded in primary & secondary sources — see below
A connection requirement for specific personal jurisdiction under the Due Process Clause. The plaintiff's claims must have a sufficient link to the defendant's contacts with the forum state so that the suit does not offend traditional notions of fair play and substantial justice.
Sources & Authorities
How it applies
Common Examples
6
Article III Federal Question Suit
Aaron Adams, a citizen of State A, sues the United States in federal district court alleging that a federal statute violates the First Amendment. The claim arises under the Constitution because the complaint directly challenges the validity of federal law under Article III. The court therefore possesses subject matter jurisdiction over the action.
Compromise Statement Inadmissible
Austin Abbott offers into evidence a statement made by Azure Solutions during settlement talks that the disputed contract amount was overstated. The statement was made during compromise negotiations about the claim. The court excludes the evidence under Rule 408 because it does not arise out of or relate to any purpose other than proving the validity of the claim.
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
Federal Rules
Uniform Acts
Model Codes
Restatements
Firm Screening After Lateral Move
Alfred Ashford joins Alpine Mining's law firm after previously representing Aether Technologies in a substantially related patent dispute. The new matter is the same or substantially related to the former client's representation. The firm must screen Ashford to avoid imputation of the conflict under Rule 1.10.
Immigration Entry Restriction
Amber Alonzo, a national of a majority-Muslim country, challenges an executive order barring entry on Establishment Clause grounds. The order states a national security purpose rationally related to the restriction. Courts apply rational basis review because the claim arises in the field of immigration and foreign affairs.
Federal Question Jurisdiction
Ava Adebayo files a civil action in federal district court asserting that a state official violated her rights under the Fourteenth Amendment. The action arises under the Constitution and laws of the United States. The district court therefore has original jurisdiction under section 1331.
Trustee Information Duty
Albert Allen, a qualified beneficiary, requests from the trustee material facts about trust investments that affect his interests. The request relates to the administration of the trust. The trustee must promptly respond unless the circumstances make the request unreasonable.
Common questions
Frequently Asked
2
Does the phrase require a strict causal link between the defendant's forum contacts and the plaintiff's claim?+
No. The Supreme Court has distinguished the two halves of the phrase. While 'arise out of' may demand a causal nexus, 'relate to' permits jurisdiction over claims lacking such a direct causal connection when the defendant's contacts are sufficiently connected to the suit.
Supporting sources
How does the phrase function in Article III compared with specific jurisdiction doctrine?+
In Article III the phrase defines the scope of federal judicial power over cases arising under federal law. In specific jurisdiction analysis the same language limits a state's power to hale a nonresident defendant into court, requiring the claim to arise out of or relate to the defendant's purposeful contacts with the forum.
Supporting sources
5 U.S. (1 Cranch) 137 (1803)Property
…second section of the third article of the Constitution gives this court appellate jurisdiction in all cases in law and equity arising under the Constitution and laws of the United States (except the cases in which it has original jurisdiction) with such exceptions and under such regulations as Congress shall make. The term…