Subject Matter Jurisdiction: §1331 – Federal Question

28 USC § 1331 – Federal Question

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

In order to get into Federal Court under §1331, a plaintiff must demonstrate that a the case arises from a right or interest that is substantially founded on federal law. Further, the federal question must be affirmatively stated in the complaint, which is known as the well-pleaded complaint rule. The well pleaded complaint rule additionally disallows a plaintiff from bringing suit in federal court under §1331 by merely anticipating a federal issue as a defense – it must be affirmatively stated in the complaint.

Generally there is a federal cause of action in the following situations:

• If a federal law creates a private cause of action. Congress did not create a private cause of action for every federal regulation because to do so would overrun the courts. However, sometimes a court will imply a federal cause of action even though it does not exist by statute.
• If a state law claim includes a federal claim that could be brought under an existing private federal cause of action. This is the doctrine of preemption – that a federal law “so occupies” a given field, federal courts should hear the issue (e.g., labor relations).
• If there is a very important constitutional issue at question.

In determining whether or not there is a federal question, courts have additionally adopted two tests; the Holmes Creation Test and the Grable Substantial Factor Test.

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