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... §227. Congress determined that federal legislation wasneeded because telemarketers, by ...2011), and provides that jurisdiction over thesestate-initiated suits lies exclusively... Mims invoked the court's "federal question" jurisdiction, . i.e., its authority to adjudicate... Section 1331 is not swept away so easily. The principle that d...
... §227. Congress determined that federal legislation wasneeded because telemarketers, by ...2011), and provides that jurisdiction over thesestate-initiated suits lies exclusively... Mims invoked the court's "federal question" jurisdiction, . i.e., its authority to adjudicate... Section 1331 is not swept away so easily. The principle that d...
Title 28, section 1331 of the US Code provides the jurisdictional hook for the majority of cases heard in the federal courts, yet it is not well understood. The predominant view holds that section 1331 doctrine both lacks a focus upon congressional intent and is internally inconsistent. This article seeks to counter both these assumptions by re-contextualizing the Court's section 1331 jurisprudence in terms of the contemporary judicial usage of "right" (i.e., clear, mandatory obligations capable of judicial enforcement) and cause of action (i.e., permission to vindicate a right in court). In conducting this reinterpretation, the author argues that section 1331 jurisdiction is best understood as a function of the federal right and cause of action a plaintiff asserts. These two concepts, ...
... States Code is the general federal question jurisdictional statute, which grants federal distr...
... §227. Congress determined that federal legislation wasneeded because telemarketers, by ...2011), and provides that jurisdiction over thesestate-initiated suits lies exclusively... Mims invoked the court's "federal question" jurisdiction, . i.e., its authority to adjudicate... Section 1331 is not swept away so easily. The principle that d...
...The Act's jurisdictional provision empowers federal courts to adjudicate ci...§1331, which provides for "[f]ederal-question" jurisdiction, and §1332, which provides for "[d]...S. C. §§1331 and 1332. Section 1331 provides for "[f]ederal-question" jurisdiction, §...
... the requirements of diversity jurisdiction.2 Although the District Courts' specific reasons ffor dismissal varied slightly, a common question arises in our review of each of the cases: whether...§ 1331. 156 F.3d at 515, 518-20. By contrast, neither div...
... jurisdiction existed pursuant to INA § 279, 8U.S.C. § 1329, 228U.S.C. §§ 1331, the Mandamus Act, 28U.S.C. § 1361, and the Admin...§ 555(b)), federal question jurisdiction (28U.S.C. § 1331), and supplemental ...
... against Exxon Corporation, invoking the Federal District Court's 28 U. S. C. §1332(a) diversity jjurisdiction. After the dealers won a jury verdict, the court c... the case for interlocutory review on the question whether it had properly exercised §1367 supplemen... the [discrete] requirements of sections 1331 and 1332. Under §1331, the sole issue is whether ...
... (hereinafter Grable) to satisfy a federal tax delinquency, and gave Grable notice by certifi... District Court as presenting a federal question because the title claim depended on an interpretat... Court granted certiorari on the jurisdictional question. . Held: The national interest in prov...
...CLVT removed the case to Federal District Court, which, after denying appellant's m... The case is not within the removal jurisdiction conferred by 28 U.S.C. 1441. Pp. 7-28. . Page 463 ... case falls within the original "federal question" jurisdiction of United States district courts undder 28 U.S.C. 1331 (1976 ed., Supp. V). Under the "well-pleaded compl...
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