Civil Procedure
Federal Question Jurisdiction
Definition
Federal question jurisdiction under 28 U.S.C. Section 1331 gives federal courts jurisdiction over civil actions arising under the Constitution, laws, or treaties of the United States. Under the well-pleaded complaint rule, the federal question must appear on the face of the plaintiff's complaint — a federal defense or counterclaim does not create federal question jurisdiction. In limited circumstances, state-law claims with embedded federal issues may also qualify under the Grable test.
Example
A plaintiff sues under 42 U.S.C. Section 1983 for a civil rights violation. The claim arises under federal law, establishing federal question jurisdiction.