SMJ

Question 1

How does a federal court get SMJ for one case? Generally?

Answer 1

1. Federal Question, Diversity
2. Article 3, Section 2 of Constitution

Question 2

Are patent and immigration laws a federal question?

Answer 2

Always

Question 3

Is family law a federal question?

Answer 3

Never

Question 4

Well pleaded complaints (federal)

Answer 4

• Cause Of Action is created by federal law
• Federal Q jurisdiction exists if federal issue is an ingredient of original pleading
• P must allege a cause of action based on the laws of the constitution to be a federal Q

Question 5

Federal Question Factors

Answer 5

1. Necessarily raised
2. Actually disputed
3. Substantial and
4. Capable of resolution in federal court without disrupting the federal-state balance