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That is, "arising under" for Article III purposes is broader than the well-pleaded complaint rule. It is well-established that Congress may grant lower federal courts less than the totality of Article III's possible federal question jurisdiction; for example, before 1980, federal question jurisdiction had an amount in controversy requirement ...
Thus, under the rule stated by this case, whether a suit arises under state or federal law determines whether or not federal question jurisdiction exists. It is therefore consistent with the "well-pleaded complaint rule" set forth in Louisville & Nashville Railroad Company v. Mottley, 211 U.S. 149 (1908), just eight years earlier.
Louisville & Nashville Railroad Co. v. Mottley: 211 U.S. 149 (1908) federal question jurisdiction, the "well-pleaded complaint rule" North American Cold Storage Co. v. City of Chicago: 211 U.S. 306 (1908) Moyer v. Peabody: 212 U.S. 78 (1909) citizens' rights during insurrection Welch v. Swasey: 214 U.S. 91 (1909)
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 ...
In connection with his death, the jail was issued a notice of non-compliance from the Texas Commission on Jail Standards related to observations. The guard reportedly failed to check on Moore for an hour and seven minutes. Jail or Agency: Rolling Plains Detention Center; State: Texas; Date arrested or booked: UNKNOWN; Date of death: 4/26/2016 ...
While legal conclusions can provide the framework of a complaint, they must be supported by factual allegations. When there are well-pleaded factual allegations, a court should assume their veracity and then determine whether they plausibly give rise to an entitlement to relief. Our decision in Twombly illustrates the two-pronged approach.
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A fired Philadelphia police officer pleaded guilty Friday to murder in the shooting of a fleeing 12-year-old boy, who prosecutors have said was on the ground and unarmed when the officer fired the ...