64. federal question

What is a Federal Question?

A federal question refers to a legal issue that involves U.S. federal law, the U.S. Constitution, or treaties made under U.S. authority. Cases that involve a federal question can be heard in federal courts.

---

Key Aspects of a Federal Question Case

1. Federal Law Involvement – The case must arise under federal statutes, regulations, or constitutional provisions.

2. Jurisdiction – Federal courts have original jurisdiction over cases that present a federal question (28 U.S.C. § 1331).

3. Types of Cases – Examples include:

   • Constitutional rights violations (e.g., free speech under the First Amendment).

   • Civil rights claims under federal law.

   • Disputes over federal regulations (e.g., environmental laws, securities laws).

   • Treaty-related disputes involving international agreements.

---

Federal vs. State Court Jurisdiction

✔ If a case only involves state law, it typically stays in state court. ✔ If a federal question is present, the case can go to federal court. ✔ Sometimes, state and federal courts share jurisdiction (concurrent jurisdiction).

---

Example of a Federal Question Case

• A lawsuit against a government agency for violating federal environmental laws.

• A civil rights case where a plaintiff claims a violation of equal protection under the 14th Amendment.

• A company suing under federal intellectual property law for patent infringement.

Federal question jurisdiction ensures uniform interpretation and enforcement of federal laws across all states.

---

Reference

---

1. Legal Information Institute – Federal Question Jurisdiction

• URL: https://www.law.cornell.edu/wex/federal_question_jurisdiction

• Explanation: This page provides a comprehensive overview of federal question jurisdiction, detailing how federal courts have the authority to hear cases arising under the Constitution, laws, or treaties of the United States.

---

2. FindLaw – Federal Question Jurisdiction

• URL: https://constitution.findlaw.com/article3/annotation14.html

• Explanation: Offers an in-depth explanation of federal question jurisdiction, including its historical background and how it allows federal courts to hear cases involving federal laws or the Constitution.

---

3. Federal Judicial Center – Jurisdiction: Federal Question

• URL: https://www.fjc.gov/history/work-courts/jurisdiction-federal-question

• Explanation: Discusses the evolution of federal question jurisdiction, highlighting how the authority of federal courts to hear cases involving federal questions has depended on Congress's creation of new causes of action and the Supreme Court's interpretation of which cases "arise under" federal law.

---

4. U.S. Courts – Types of Cases

• URL: https://www.uscourts.gov/about-federal-courts/types-cases

• Explanation: Provides an overview of the types of cases federal courts handle, including those that raise a "federal question" involving the United States Government, the U.S. Constitution, or other federal laws.

---

5. 28 U.S.C. § 1331 – Federal Question

• URL: https://uscode.house.gov/view.xhtml?edition=prelim&num=0&req=granuleid%3AUSC-prelim-title28-section1331

• Explanation: The official text of 28 U.S.C. § 1331, which grants federal district courts original jurisdiction over all civil actions arising under the Constitution, laws, or treaties of the United States.

---