A federal court has jurisdiction if a well-pleaded complaint alleges a claim that arises under federal law; raising a defense under federal law is NOT sufficient.

Prepare for your Bar Exam with our Rule Statements Test. Our quiz includes multiple choice questions with clear hints and detailed explanations. Ace your exam with confidence!

Multiple Choice

A federal court has jurisdiction if a well-pleaded complaint alleges a claim that arises under federal law; raising a defense under federal law is NOT sufficient.

Explanation:
Federal question jurisdiction is triggered by the well-pleaded complaint rule: the federal issue must appear in the plaintiff’s own claim, not merely in a defense or anticipated defense. In other words, the claim on the face of the complaint must arise under federal law. If the federal issue exists only as a defense raised by the defendant, it does not create federal jurisdiction. That’s why stating that the complaint itself alleges a federal right on the face of the complaint best fits the rule. Diversity and supplemental jurisdiction are separate concepts. Diversity relates to the citizenship of the parties and the amount in controversy, not to whether a federal question exists. Supplemental jurisdiction can extend federal jurisdiction to related state-law claims, but it isn’t what creates federal question jurisdiction in the first place.

Federal question jurisdiction is triggered by the well-pleaded complaint rule: the federal issue must appear in the plaintiff’s own claim, not merely in a defense or anticipated defense. In other words, the claim on the face of the complaint must arise under federal law. If the federal issue exists only as a defense raised by the defendant, it does not create federal jurisdiction. That’s why stating that the complaint itself alleges a federal right on the face of the complaint best fits the rule.

Diversity and supplemental jurisdiction are separate concepts. Diversity relates to the citizenship of the parties and the amount in controversy, not to whether a federal question exists. Supplemental jurisdiction can extend federal jurisdiction to related state-law claims, but it isn’t what creates federal question jurisdiction in the first place.

Subscribe

Get the latest from Passetra

You can unsubscribe at any time. Read our privacy policy