Also known as: arises in · arising in · arisen in · arose in · arise under
Written by attorneys · grounded in primary & secondary sources — see below
A phrase denoting that an event, proceeding, or issue originates or occurs within a designated legal framework or context.
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Amber Alonzo drives at excessive speed through a residential neighborhood and strikes a pedestrian, causing fatal injuries. Prosecutors bring an involuntary manslaughter charge based on her conduct. The charge arises in the context of criminal negligence during the operation of the vehicle.
Andre Antoine, a naval officer on active duty during wartime, faces court-martial proceedings for an alleged offense committed aboard ship. The government proceeds without a grand jury indictment. The case arises in the land or naval forces while in actual service during public danger.
Anika Anand and Adam Anderson each purchase the same defective medical device from different retailers and suffer identical injuries. They file a single action asserting product liability claims. A common question of law or fact will arise in the action concerning the device's design defect.
Antonio Alvarado alleges that federal officers violated his Fourth Amendment rights during a search and seeks damages directly under the Constitution. No statute expressly authorizes the remedy. The case arises under federal law because the plaintiff asserts a right to relief under the Constitution.
Ariana Azizi submits a bar application that contains an incomplete description of a prior disciplinary matter. The admissions authority later inquires about the omission. Ariana's duty arises in the matter when she must disclose facts necessary to correct the known misapprehension.
Alliance Holdings sues Atlas Ventures in state court for breach of a supply contract governed entirely by state law. Atlas plans to raise a federal preemption defense. The complaint does not arise under federal law because it asserts only a state cause of action and references federal law solely in anticipation of the defense.
Core proceedings arise in a title 11 case when they are integrally bound up in the bankruptcy process itself. Non-core proceedings relate to the case but do not invoke substantive rights provided by title 11 or arise only because of the bankruptcy filing.
Rule 20 requires only that any question of law or fact common to all plaintiffs will arise in the action. Predominance is not required for permissive joinder.
The duty arises when an applicant or lawyer knows that a fact is necessary to correct a misapprehension that has arisen in a bar admission or disciplinary matter.