28 USC § 1331 Federal Question SMJ

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28 USC § 1331 Federal Question SMJ by Mind Map: 28 USC § 1331 Federal Question SMJ

1. Issues which arise under federal law

1.1. Statutory

1.1.1. Coverage has been granted by a congressional statute

1.1.1.1. The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States

1.1.1.2. Federal issue must be part of the Claim, not the defense

1.1.2. Is the claim sufficiently Federal?

1.1.2.1. MAJORITY: Well-Pleaded Complaint Rule

1.1.2.1.1. Sufficiently met if satisfies the creation test. Is the source of plaintiff's claim an enforceable legal right against the defendant?

1.1.2.2. MINORITY: Substantial Federal Issue Test

1.1.2.2.1. Does a state law claim necessarily raise a stated federal issue, actually disputed and substantial, which a federal forum may entertain without disturbing a congressional approved balance of federal and state judicial responsibilities.

1.1.3. What must the Plaintiff prove?

1.1.3.1. Burden is on the plaintiff to show that the claim is either a federally provided private act or an issue which rests upon substantial federal question

1.1.3.1.1. A state claim cannot be taken to federal court for a federal counter claim.