Jurisdiction 101: How Federal Question Jurisdiction Really Works

In this episode of American Law Café, we unpack the rules of federal question jurisdiction under 28 U.S.C. §1331 and why they’re central to subject matter jurisdiction in federal courts. Federal courts don’t hear every case—they only step in when Congress has given them power. That means understanding when a case “arises under” federal law is key. You’ll learn how the well-pleaded complaint rule keeps anticipated defenses and counterclaims out of federal court, why the Holmes Creation Test matters, and how courts handle state-law claims that hinge on federal issues.

🔑 Key Topics Covered:

• Creation Test: A case arises under federal law only if federal law itself creates the cause of action.
• Well-Pleaded Complaint Rule (Mottley): Federal issues must appear on the face of the plaintiff’s complaint.
• Embedded Federal Issues: When state claims require resolving substantial federal questions (e.g., Smith v. Kansas City Title & Trust).
• Limits and Exceptions: Why Merrell Dow v. Thompson and Gunn v. Minton show the boundaries of federal question jurisdiction.
• Irrelevant Factors: Citizenship and amount in controversy don’t matter when §1331 is satisfied.

🎧 Whether you’re a 1L tackling CivPro or just curious how federal courts decide who gets through their doors, this episode walks you through the principles and cases that define federal question jurisdiction.

 Introductory Music for American Law Cafe. In Jazz Short by moodmode / Vlad Krotov.