Sunday, January 24, 2010

In what kind of case does a federal district court have original jurisdiction?

Both of the above are partially correct, and Brian's is the better of the two.





However, on his list, the question isn't whether the case ';uses'; a federal law, but rather whether the question presented is decided by federal law. That's what lawyers call ';federal question'; jurisdiction.





And what he calls ';cases where the citizens are from two different states...'; - the correct terminology would be cases in which the plaintiff(s) and defendant(s) are from different states or countries. That's what's known as ';diversity'; jurisdiction, valid if the amount in controversey is $75,000.01 or more.





The federal courts, under the section Cyanne2ak cited, also have discretion jurisdiction over state law claims that are part of a federal case, and may retain jurisdiction even if the federal question is dismissed.In what kind of case does a federal district court have original jurisdiction?
1. Maritime Actions.


2. Anything that is a ';Federal Question'; (subject matter jurisdiction).





I suggest you look at 28 USC 1331-32.In what kind of case does a federal district court have original jurisdiction?
fdc has trial jurisdiction over all the following:





cases where the united states is a plaintiff


cases where the united states is a defendant


cases using a federal law


cases where the citizens are from two different states and the amount is more than $75,000

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