MBE Rules · Civil Procedure
Federal question jurisdiction
28 U.S.C. §1331
The rule
Federal courts have SMJ over claims arising under federal law. The federal issue must appear on the face of a well-pleaded complaint; a federal defense or anticipated counterclaim does not suffice (Mottley).
In plain English
Federal courts can hear cases if the main issue is about a federal law. The problem must be clear from the start; you can't use a federal law just as a defense.
Worked example
A tenant sues a landlord in federal court, claiming the landlord violated federal housing discrimination laws. The case is valid for federal court because the complaint directly involves a federal issue.
Memory hook
Federal Face Only: Complaints Count. Federal question jurisdiction requires federal issues in the complaint, not defenses.
The trap
Students think: A federal defense creates jurisdiction. Wrong, because the well-pleaded complaint rule only considers claims. The actual test is if the claim arises under federal law.
How examiners test it
MBE loves: plaintiff's complaint includes state law claims + defendant raises federal defense. Trap: students assume federal question jurisdiction exists. Remember: only the complaint's face matters.
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