Sentences with phrase «federal question»

The cause of action only has to involve federal law if the case is under federal question jurisdiction.

The second scenario in which a personal injury case can be filed in federal court is called federal question.

Federal question jurisdiction is more appropriate, but likely isn't available here.

When invoking federal question jurisdiction, federal statutes provide aliens with access to the federal court system in the following three scenarios: allegations of civil rights violations by the federal government, allegations of Equal Protection Clause violations by the federal government, and allegations of violations of the Refugee Act of 1980.

You can't appeal to the U.S. Supreme Court from a state supreme court on every issue, only on federal questions.

I think this case presents only a single federal question: did the order of the Maryland Court of Appeals granting a new trial, limited to the issue of punishment, violate petitioner's Fourteenth Amendment right to equal protection?

At SCOTUS blog, Lyle Denniston searches for evidence of federal questions in the rulings, but did not uncover any.

For example, I cover Federal Question jurisdiction only in broad overview in civ pro; I save the detailed stuff (Grable, complete preemption, etc.) for my Federal Courts class.

And in Friedman v. New York, 341 U.S. 907, the Court, by a divided vote, dismissed [Footnote 3/3] «for want of a substantial federal question» an appeal from a New York decision upholding the validity of a Sunday law against an attack based on the First Amendment.

This is called federal question jurisdiction.

The court does have federal question jurisdiction because Casemaker continues to threaten to sue Fastcase for copyright infringement if it updates the Georgia regulations from the Georgia Secretary of State website.

I believe the Title IX claim creates the federal question which gets you to US W.D. having jurisdiction.

have «federal question» jurisdiction, which means that federal courts will hear cases that involve issues touching on the Constitution or other federal laws.

4) The federal question mark.

Yet his commitment to constitutional structure will yield the conclusion this is no federal question.

Some examples of personal injury cases involving a federal question are when a worker is injured offshore (Jones Act claims) or when a worker is injured while working for a railroad company (FELA claim).

(3) A federal question requires the district or the federal court to decide the case.

And here, since it appears from the statement in the order of the Court of Appeal that the question whether the Syndicalism Act and its application in this case was repugnant to the due process and equal protection clauses of the Fourteenth Amendment was considered and passed upon by that court — this being a federal question constituting an appropriate ground for a review of the judgment — we conclude that this Court has acquired jurisdiction under the writ of error.

Brick Co. v. Alexandria, 169 Va. 271, 282 - 283, 192 S.E. 881, 885 - 886, appeal dismissed for want of a substantial federal question, 302 U.S. 658 (1937).

Nelson, 409 U. S. 810, a one - line summary decision issued in 1972, holding the exclusion of same - sex couples from marriage did not present a substantial federal question.

A federal court has jurisdiction over a matter if there is a federal question or if it is a diversity of citizenship case.

28 US Code § 1331 states that federal question jurisdiction means that the court may hear matters arising under the Constitution, federal law or treaty.

Under these circumstances, disposition of Count VII presents a substantial federal question.

This definition is an essential element to the CFTC's case, as it serves as the sole basis for the CFTC's jurisdiction to bring these claims and it serves as the sole basis for the federal question that provides subject matter jurisdiction for this court.