What is Federal Question Jurisdiction
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- เผยแพร่เมื่อ 14 ต.ค. 2024
- What is Federal Question Jurisdiction? This video discusses federal question subject matter jurisdiction in United States federal courts. To discuss further, feel free to send me an email and to comment below. Also, please:
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I wish that I had learned these basic tenets of law earlier in life. Its a purposeful failure of the US education system to not educate the American person of the basics of the American legal system.
straight to the point, thanks
good for my intro to business law for undergrads!
Many thanks!
Thank you, sir.
Both 28 USC 1331 & 28 USC 1343 give federal courts federal question subject matter jurisdiction. The former provides general federal question jurisdiction and the latter provides special federal question jurisdiction.
@maryjane9842 no idea
Would a case that revolves around the fourth amendment and an illegal search be a federal jurisdiction case?
Very helpful! thanks a lot
Thanks for watching.
If you can not proceed to a higher court in State to hear your claims can you move it to Federal Court asking for an independent tribunal to hear your case? That the cases in question are over denial of procedural due process. That I had to testify in court of events of my case before I was ever given a chance to bring my case to Court?
this is good stuff, but does federal questions give jurisdiction in a single action if one defendant is in the same state as the plaintiff and one is out of state? thanks
@Ti Klim thank you for your reply. i have another question, do state courts have jurisdiction under the supremacy clause when there is diversity with defendants?
@Ti Klim i appreciate that. I'm reading the rules of court for my state and i haven't found diversity mentioned when it comes to proper venue. if federal laws are enforceable in the State i would suspect it's due to the Supremacy clause and Howlett v. Rose supreme court Decision.
@Ti Klim you are correct. it's best if you exhaust your remedies with whomever you have your issue with, the State, an agency, an individual etc. then you'll have the merit of going to federal court on federal questions or deprivation of protected rights.
Federal Question Jurisdiction. Is this related to a federal law?
If federal district courts have subject matter jurisdiction then isn't that the same as them having federal question jurisdiction?
And what about Native American and or Indian Law? Most lawyers don't want to touch it...
What type of federal Subject Matter jurisdiction is 28 USC 1343?
Are you still responding to these chats via email?
Thank you!
Thanks, great job. Can you answer this question? Three examples of exclusive federal jurisdiction
Thanks for the compliment and for subscribing. I might put up a video at some point on this but if you are looking for examples, here is a post on my blog:
uslaw.blogbaker.com/2014/08/28/what-is-exclusive-federal-jurisdiction
Let me know whether that helps.
What is the difference between federal question jurisdiction and subject matter jurisdiction?
Federal question jurisdiction is one type of subject matter jurisdiction. Analogy: Vanilla and chocolate are types of ice cream. Diversity subject matter jurisdiction and federal question subject matter jurisdiction are types of federal subject matter jurisdiction.
@@USLawEssentials What kind federal subject matter jurisdiction does 28 USC 1343 confer?
What kind of federal subject matter jurisdiction does 28 USC 1343 confer? Not federal question jurisdiction?
I think I understand your question. 28 usc 1343 is sometimes called civil rights act jurisdiction or special federal question jurisdiction.
@@USLawEssentials Awesome! thanks.
@@USLawEssentials And 28 USC 1343 applies only to federal district courts?
Great video
28 usc 1331 is the state giving subject matter jurisdiction. Does 28 usc 1343 also give subject matter jurisdiction.
YZ, yes, 28 USC 1331 is the statute providing for subject matter jurisdiction over federal question cases. 28 USC 1332 provides for subject matter jurisdiction over diversity cases. 28 USC 1343 provides for federal subject matter jurisdiction for actions brought against individuals operating under color of state law who violate a person's civil rights. I hope that helps. Also, this might be helpful: uslawessentials.com/2014111what-are-the-differences-between-a-bivens-action-and-a-42-usc-1983/
@@USLawEssentials perhaps i should rephrase. i want to sue someone for violating my 14th amendment rights in federal district court, however since i am not suing for over $10,000 i cannot sue them under the general federal question jurisdiction statute 28 usc 1331. But i can sue them under 28 usc 1343. Does latter statute also give federal question jurisdiction?
Unfortunately, I can't give advice on a specific legal case, you will need to speak to an attorney in your state.
@@USLawEssentials In essence what is federal question jurisdiction, and does any other statute save for 28 USC 1331 accord it?
@@USLawEssentials Or do both 28 USC 1331 & 28 USC 1343 provide federal question jurisdiction?
Do both 28 USC 1331 & 28 USC 1343 give federal district courts federal question jurisdiction?
28 USC 1331 provides federal courts with federal question subject matter jurisdiction: uslawessentials.com/28-usc-1331/
@@USLawEssentials What about the latter statute?
Different. Provides subject matter jurisdiction over certain civil rights actions: uscode.house.gov/view.xhtml?req=(title:28%20section:1343%20edition:prelim)%20OR%20(granuleid:USC-prelim-title28-section1343)&f=treesort&edition=prelim&num=0&jumpTo=true
@@USLawEssentials But in essence it still does give federal courts federal question jurisdiction. Otherwise how could you seek redress in federal district court under 28 USC 1343?
The pop ups are REALLY distracting and frustrating
Debby doesn't have arms or legs.
so boring.
Thank you!
thank you!
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