Also known as:federal question cases · federal-question case · federal question jurisdiction
Written by attorneys · grounded in primary & secondary sources — see below
A basis for federal subject-matter jurisdiction that exists when the plaintiff's well-pleaded complaint asserts a right to relief created by the Constitution or laws of the United States. The inquiry examines only the face of the complaint and does not turn on anticipated defenses, counterclaims, or the absence of an express statutory remedy.
Sources & Authorities· 5 primary sources
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Cases
Study Supplements
How it applies
Common Examples
6
Implied Constitutional Claim
Farid Farahani sued a federal agency in district court alleging that agents violated his Fourth and Fifth Amendment rights during a warrantless search of his office and seizure of servers. The complaint sought damages directly under the Constitution even though no statute expressly authorized such relief. The court determined that the claim arose under federal law because the complaint pleaded a right to relief created by the Constitution.
Defense Cannot Create Jurisdiction
Fatima Flores filed a state-court breach-of-contract action against Fisher Foods alleging that the company failed to pay amounts due under a supply agreement. The complaint mentioned that Fisher Foods would likely defend by claiming federal regulations capped the payments owed. Fisher Foods removed the case to federal court on the basis of that anticipated defense. The district court held that federal question jurisdiction was absent because the complaint asserted only a state-law claim.
Anticipated Defense Pleaded
Flora Ford sued Frostline Textiles in state court for nuisance and trespass arising from chemical runoff that damaged her property. The complaint devoted several paragraphs to describing how Frostline would defend by citing compliance with federal environmental permits and arguing preemption. Frostline removed the action asserting federal question jurisdiction. The federal court remanded the case because the complaint pleaded only state-law causes of action.
Supplemental State Claim
Felix Franco brought a federal copyright-infringement claim in district court against Fusion Power for unauthorized use of protected software code. In the same complaint he added a state-law unfair-competition claim arising from the identical course of copying and distribution. The court exercised supplemental jurisdiction over the state claim because both claims derived from a common nucleus of operative fact.
Diversity Supplementation
Frank Fisher, a citizen of State A, sued Foxfire Biotech, a citizen of State B, in federal court asserting a federal antitrust claim and joined an additional state-law contract claim against the same defendant. The amount in controversy for the contract claim was below the diversity threshold. The court exercised supplemental jurisdiction over the contract claim because it formed part of the same case or controversy as the federal claim.
Exxon Mobil Corp. v. Allapattah Services, Inc.545 U.S. 546, 558–59 (2005)
Sovereign Immunity Barrier
Finn Fletcher sued the State of Florida in federal court seeking damages for alleged violations of federal environmental statutes arising from state permitting decisions. The complaint asserted that the claims arose under federal law. The court dismissed the action because Eleventh Amendment immunity barred the suit against the unconsenting state even though federal issues were presented.
Seminole Tribe of Florida v. Florida517 U.S. 44, 106 (1996)
Common questions
Frequently Asked
4
Does federal question jurisdiction require an express statutory cause of action?+
No. A plaintiff may invoke federal question jurisdiction by alleging a right to relief directly under the Constitution or federal statutes even when Congress has not created an express damages remedy. The jurisdictional inquiry focuses on whether the complaint asserts a nonfrivolous federal right, not on the existence of a statutory remedial scheme.
Supporting sources
Can a federal defense or counterclaim create federal question jurisdiction?+
No. The well-pleaded complaint rule requires that the federal issue appear on the face of the plaintiff's own cause of action. Neither a defense raised in the answer nor a counterclaim asserting federal law can supply arising-under jurisdiction.
Supporting sources
May a plaintiff create federal question jurisdiction by pleading the defendant's anticipated federal defense?+
No. References in the complaint to federal law that merely anticipate what the defendant will argue as a defense do not satisfy the well-pleaded complaint rule. The court looks only to the elements the plaintiff must prove to establish the claim.
Supporting sources
When may a federal court exercise supplemental jurisdiction over state claims in a federal question case?+
A federal court may hear state-law claims that derive from a common nucleus of operative fact with the federal claim such that the plaintiff would ordinarily be expected to try them together. The exercise of supplemental jurisdiction remains discretionary and may be declined when state issues predominate or other factors counsel against it.
Supporting sources
federal
-court judgment in a
federal-question case
, yet we have long held that States cannot give those judgments merely whatever effect they would give their own judgments, but must accord them the effect that this Court prescribes. See…
federal question jurisdiction
, Louisville & N. R. Co. v. Mottley , 211 U. S. 149, its existence is relevant to the exercise of discretion. Finally, there may be reasons independent of
jurisdiction
al considerations,…
court assuming
jurisdiction
in a
federal-question case
brought by an in-state plaintiff pursuant to Congress' express authorization. As that is precisely the posture of the suit before us, and as it was also precisely the posture of the suit at…
been made removable. [^maj-17]: Of course
federal question jurisdiction
was granted in the abortive Act of Feb. 13, 1801, § 11, 2 Stat. 92, repealed by Act of March 8, 1802, 2 Stat. 132. [^maj-18]: See 2 Cong. Rec. 4986-4987; Frankfurter and Landis, The…
Civil ProcedureJurisdiction and venue · Federal subject-matter jurisdictionNEXTGENFoundational