Also known as: arises under · arising under · arose under
Written by attorneys · grounded in primary & secondary sources — see below
A phrase identifying cases that involve rights or obligations created by a governing body of law such as the Constitution, federal statutes, or treaties. The phrase supplies the constitutional and statutory test for federal question jurisdiction in district courts. It extends to implied causes of action pleaded directly under federal law but excludes complaints that raise federal issues only as anticipated defenses.
A hotel guest sues the executive for violating a statute that bars discrimination against foreign diplomats. The executive moves to dismiss, claiming only diplomatic channels may handle the matter. The district court retains the case because the claim rests entirely on the federal statute.
A company sues federal agents for damages after an allegedly unlawful search and seizure of servers. The complaint pleads violations of the Fourth and Fifth Amendments without citing any express damages statute. The court exercises jurisdiction because the claim seeks relief directly under the Constitution.
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A mapping firm sues a competitor in federal district court for unauthorized copying of climate-impact maps protected by federal copyright. The complaint alleges only the federal copyright violation and a related state unfair-competition claim. The court has original jurisdiction over the copyright count under the statute granting district courts power over civil actions arising under federal law.
A bank takes a security interest in industrial equipment that a borrower later affixes to real property. The equipment becomes so integrated with the land that state real-property law governs priorities. The interest is classified as one that arises under real property law for purposes of the UCC fixture rules.
Parents sign an arbitration agreement to resolve a contested custody schedule. The agreement covers issues governed by the state's domestic-relations statutes. The resulting dispute qualifies as a family-law dispute arising under state law and is therefore subject to the uniform arbitration act.
A plaintiff files a state-law contract action in state court. The defendant plans to assert a federal preemption defense. The plaintiff cannot invoke federal-question jurisdiction by alleging the defense in the complaint because jurisdiction depends solely on the well-pleaded claims.
Article III, Section 2 extends the judicial power to cases arising under the Constitution, federal laws, and treaties. This language defines the outer boundary of federal question jurisdiction.
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No. Jurisdiction is determined by the well-pleaded complaint rule. A federal issue raised only as a defense or in a counterclaim does not satisfy the test.
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Yes. A case arises under federal law when the complaint alleges a right to relief directly under the Constitution even if no express damages statute exists.
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28 U.S.C. § 1331 gives district courts original jurisdiction over civil actions arising under the Constitution, laws, or treaties of the United States.
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In the UCC it identifies when a security interest in goods is governed by real-property law because the goods have become fixtures. Similar usage appears in uniform acts defining disputes arising under state family law.
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