federal question jurisdiction
- federal question jurisdiction
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Merriam-Webster’s Dictionary of Law.
Merriam-Webster.
1996.
- federal question jurisdiction
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n.
Original jurisdiction held by federal courts over cases in which interpretation of the Constitution, acts of Congress, or treaties of the United States are in dispute; federal question jurisdiction is granted to federal courts by Article III of the Constitution.
The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc.
Amy Hackney Blackwell.
2008.
- federal question jurisdiction
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USA
A basis of federal subject matter jurisdiction by which the US district courts have the power to preside over civil actions that arise under the US Constitution, US laws or treaties of the US (28 U.S.C. § 1331). A US district court may exercise federal question jurisdiction:
• When the cause of action is based on a violation of federal law.
• When the cause of action is based on a violation of state law, but the cause of action necessarily raises a substantial question of federal law that is disputed by the parties, and the court determines it may hear the claim without disturbing any congressionally approved balance of federal and state judicial responsibilities (see Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg., 545 U.S. 308 (2005)).
Unlike diversity jurisdiction, federal question jurisdiction does not require a minimum dollar amount to be in controversy.
Practical Law Dictionary. Glossary of UK, US and international legal terms.
www.practicallaw.com.
2010.
Look at other dictionaries:
Federal question jurisdiction — is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution,… … Wikipedia
federal question jurisdiction — Cases arising under Constitution of United States, Acts of Congress, or treaties, and involving their interpretation and application, and of which jurisdiction is given to federal courts, are commonly described as involving a federal question.… … Black's law dictionary
federal question jurisdiction — Cases arising under Constitution of United States, Acts of Congress, or treaties, and involving their interpretation and application, and of which jurisdiction is given to federal courts, are commonly described as involving a federal question.… … Black's law dictionary
federal question jurisdiction — noun (U.S.) the authority that a United States federal court has to hear a cause of action brought under the United States Constitution or federal statutes … Wiktionary
federal question — noun (U.S.) a cause of action brought in a court under the United States Constitution or a federal statutes. A federal question gives rise to federal question jurisdiction … Wiktionary
federal question — see question 2 Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. federal question … Law dictionary
jurisdiction — ju·ris·dic·tion /ˌju̇r əs dik shən/ n [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1: the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) to be… … Law dictionary
question — ques·tion n 1: a particular query directed to a witness compare interrogatory hy·po·thet·i·cal question /ˌhī pə the ti kəl/: a question directed to an expert witness (as a physician) that is based on the existence of facts offered in evidence and … Law dictionary
Jurisdiction — In law, jurisdiction (from the Latin ius, iuris meaning law and dicere meaning to speak ) is the practical authority granted to a formally constituted legal body or to a political leader to deal with and make pronouncements on legal matters and,… … Wikipedia
jurisdiction — A term of comprehensive import embracing every kind of judicial action. Federal Land Bank of Louisville, Ky. v. Crombie, 258 Ky. 383, 80 S.W.2d 39, 40. It is the power of the court to decide a matter in controversy and presupposes the existence… … Black's law dictionary
