Also known as:federal statutes · federal act · U.S. statute
Written by attorneys · grounded in primary & secondary sources — see below
A law enacted by Congress under authority granted by the Constitution.
Sources & Authorities· 24 primary sources
Select any source to read its text and confirm it supports the definition.
Cases
Statutes
How it applies
Common Examples
6
Federal Constitutional Claim Jurisdiction
Francesca Fowler alleges that federal agents searched her hotel room without a warrant and seeks damages directly under the Fourth Amendment. The district court has subject matter jurisdiction over the action even though no federal statute expressly authorizes a damages remedy. The claim arises under federal law on the face of the complaint.
Supplemental Jurisdiction Over State Claims
Fernando Farrell sues in federal court under a federal statute governing tollway access and adds state-law claims for interference with contract against the same defendant. The state claims share a common nucleus of operative fact with the federal claim. The district court may exercise supplemental jurisdiction over the entire action.
Floyd Franklin offers a photocopy to prove the terms of a written contract. The opposing party raises a genuine question about the original's authenticity. The court requires production of the original document because no federal statute provides an exception.
Remote Witness Testimony
Farah Fox seeks to present a key witness by video transmission from another state. The court finds good cause and compelling circumstances with appropriate safeguards in place. The federal statute does not prohibit the procedure, so the court permits the remote testimony.
Warrant Execution Location
Felicia Fuentes is the subject of a federal arrest warrant. The marshals execute the warrant at her residence outside any judicial district of the United States. A federal statute authorizes the arrest at that location, making the execution valid.
Flag Desecration Statute Invalidity
Francois Fortier burns a United States flag during a political protest. A federal statute prohibits the burning except for proper disposal. The statute is unconstitutional because it targets the communicative impact of the expressive conduct.
Common questions
Frequently Asked
3
Does the absence of an express damages remedy in a federal statute defeat federal question jurisdiction?+
No. Federal question jurisdiction exists when the complaint seeks relief directly under the Constitution or federal law. The lack of an express remedial provision is a merits issue, not a jurisdictional bar.
When may a federal court exercise supplemental jurisdiction over state claims joined with a federal claim?+
A federal court may exercise supplemental jurisdiction when the state claims form part of the same case or controversy as the federal claim under Article III. The claims must share a common nucleus of operative fact.
Does a federal statute always create an implied private cause of action?+
No. Not every federal statute that creates duties gives rise to an implied private right of action. Courts examine congressional intent and other factors before implying a remedy.
334 U.S. 1 (1948)Property
…In Oyama v. California , 332 U.S. 633, 640 (1948) the section of the Civil Rights Act herein considered is described as the federal statute, “enacted before the Fourteenth Amendment but vindicated by it.” The Civil Rights Act of 1866 was reenacted in § 18 of the Act of May 31, 1870, subsequent to the adoption of the Fourteenth…