Also known as: federal laws · U.S. law · national law
Written by attorneys · grounded in primary & secondary sources — see below
The body of law consisting of the U.S. Constitution, federal statutes and regulations, U.S. treaties, and federal common law.
Forrest Falconer sued a federal agent in district court alleging that a warrantless search violated his Fourth Amendment rights and seeking damages. The complaint pleaded the violation directly under the Constitution without citing any statute creating a private right of action. The court recognized federal question jurisdiction because the claim arose under federal law.
Frank Fisher received mandatory distributions from a spendthrift trust. The IRS assessed unpaid federal taxes against him and served a levy on the trustee seeking those distributions. The trustee could not rely on the spendthrift clause because federal tax statutes authorize collection from the beneficiary's interest.
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Felicity French transferred mortgaged property without lender consent. The mortgage contained a due-on-sale clause. Federal law rendered the clause enforceable, allowing the lender to accelerate the debt upon the unauthorized transfer.
Francois Fortier filed a state-law contract claim in federal court. The defendant raised a federal preemption defense in the answer. The court dismissed for lack of federal question jurisdiction because the complaint itself did not arise under federal law.
Farah Fox brought a state-law trespass action. Her complaint mentioned a possible federal immunity defense the defendant might raise. The court held that the reference to federal law did not create federal question jurisdiction.
Fiona Foster lost in state court on a federal constitutional claim. The state opinion was ambiguous about whether it rested on state procedural rules. The Supreme Court presumed federal jurisdiction because the state court had not clearly stated an independent state ground.
A claim arises under federal law when the plaintiff alleges a right to relief directly under the Constitution or federal statutes, even without an express private cause of action. Jurisdiction depends on the well-pleaded complaint and cannot be created by a federal defense or counterclaim.
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Federal tax collection statutes can override a spendthrift clause to the extent they authorize levies on a beneficiary's interest in trust distributions. The trust code expressly yields to such federal statutes.
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Federal law generally makes due-on-sale clauses enforceable when property is transferred without the mortgagee's consent. The clause permits acceleration of the debt upon an unauthorized transfer.
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The Supreme Court presumes jurisdiction and that the decision rests on federal law unless the state court expressly states that its judgment rests on independent state grounds.
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…v. Murray , 9 Wall. 274. But its ban on re-examination of facts does not preclude us from determining whether governing rules of federal law have been properly applied to the facts. "[T]his Court will review the finding of facts by a State court . . . where a conclusion of law as to a Federal right and a finding of fact are so…