Mastering Federal Question Jurisdiction in Two Steps
This lesson will focus on federal question jurisdiction under the federal question provisions in the Constitution and in section 1331, with primary emphasis on section 1331. We'll also spend a little time looking at related statutes, such as 28 U.S.C. §§ 1338, 1441, and 1454.
On completion of the lesson, the student will be able to:
1. Define basic concepts and terminology.
2. Explain the scope of Constitutional versus statutory federal question jurisdiction.
3. Explain the purpose of the "well-pleased complaint" rule.
4. Define the two tests used to analyze the plaintiff's cause of action.
5. Distinguish between the Holmes "creation" test; and the Grable/Gunn test.