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Article III of the United States Constitution permits federal courts to hear such cases, so long as the United States Congress passes a statute to that effect. However, when Congress passed the Judiciary Act of 1789, which authorized the newly created federal courts to hear such cases, it initially chose not to allow the lower federal courts to possess federal question jurisdiction for fear ...
25 Stat. 434, c. 866 (then-current federal question jurisdiction statute; current analogue 28 U.S.C. § 1331) Louisville & Nashville Railroad Company v. Mottley , 211 U.S. 149 (1908), was a United States Supreme Court decision that held that under the existing statutory scheme, federal question jurisdiction could not be predicated on a ...
The question raised was whether the federal district courts have original federal question jurisdiction under 28 U.S.C. § 1331 when a claim arises out of a federal statute that has not specifically granted a private right to a cause of action.
Where one party wrongs another by making statements to the effect that an article sold by the latter infringes the former's patent, this is a question of state law and not federal patent law, and therefore §1331 grants no jurisdiction to federal district courts. Court membership; Chief Justice Edward D. White Associate Justices
The question raised was whether the federal district courts have original federal question jurisdiction under 28 U.S.C. § 1331 [2] when a claim arises out of a federal statute that has not specifically granted a private right to a cause of action. The case considered several different tests to determine when a case is covered under original ...
The Supreme Court found that his claim fell within the general federal question jurisdiction under 28 U.S.C. § 1331. The question was accordingly not whether the CSRA precluded jurisdiction, but whether it divested the federal courts of the jurisdiction that is generally conferred by section 1331.
For a second time, plaintiffs have asked a federal judge to make rulings to move along a lawsuit over House Bill 1775 filed more than 2 1/2 years ago.
Historically, Congress has authorized exercise of two primary types of jurisdiction in civil cases: federal-question jurisdiction (28 U.S.C. § 1331), [4] which grants jurisdiction over civil cases wherein the plaintiff seeks adjudication on the grounds of some Federal statute or rule; and diversity jurisdiction (28 U.S.C. § 1332), [2] wherein ...