Federal Question Jurisdiction
This page includes a writing template for analyzing this topic and usage notes to guide its application. In general, the template is designed to serve as a starting point for your analysis. It should be adapted to fit the specific facts of your case and your professor’s preferences.
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Writing Template
Issue
I: The issue is whether the court has subject matter jurisdiction due to the case satisfying the requirements of federal question jurisdiction.
Analysis
R: For a federal court to establish subject matter jurisdiction over a case by federal question jurisdiction, the (1) complaint itself must raise (2) a federal question in a cause of action.
1. Well-Pleaded Complaint
R: The federal issue must be evident from the plaintiff’s complaint itself, without reference to anticipated defenses (well-pleaded complaint rule). This means that only the elements essential to the plaintiff’s cause of action are considered when determining federal question jurisdiction.
A: Here, the elements essential to the plaintiff’s cause of action are [list them].
a. Declaratory Judgment Limitation
R: When a plaintiff seeks declaratory relief, federal question jurisdiction is determined by examining the nature of the underlying coercive action that the declaratory judgment seeks to prevent. The court assesses whether the anticipated coercive action would necessarily present a federal question.
A: Here, the anticipated and coercive actions are [list them].
2a. Federal Causes of Action
R: Federal question jurisdiction exists if (1) the cause of action is expressly created by federal law (i.e., the Constitution, laws, or treaties of the United States), and the plaintiff’s right to relief depends on the resolution of a federal issue or (2) a right to relief is expressly created by federal law and Congress intended for a cause of action to be implied.
A: Here, [apply rule to facts].
2b. State Causes of Action
R: Federal question jurisdiction may even exist over (3) a state law claim if a federal issue is (a) necessarily raised, (b) actually disputed, (c) substantial, and (d) capable of being resolved in federal court without disrupting the balance of federal and state judicial responsibilities.
a. Necessarily Raised
R: A federal issue is necessarily raised if resolving the plaintiff’s claim requires the interpretation or application of federal law.
A: Here, [apply rule to facts].
C: Therefore, this element is [satisfied/not satisfied].
b. Actually Disputed
R: A federal issue is actually disputed if it is the central point of disagreement between the parties.
A: Here, [apply rule to facts].
C: Therefore, this element is [satisfied/not satisfied].
c. Substantial
R: A federal issue is substantial if its resolution affects the federal system as a whole, such as by influencing federal agency authority or national policy.
A: Here, [apply rule to facts].
C: Therefore, this element is [satisfied/not satisfied].
d. Capable of Resolution without Disrupting the Federal-State Balance
R: A federal issue must be resolvable in federal court without upsetting the balance of judicial responsibilities between federal and state courts. This principle ensures state courts retain their jurisdiction over predominantly state law claims.
A: Here, [apply rule to facts].
C: Therefore, this element is [satisfied/not satisfied].
Conclusion
C: Therefore, the court [has/does not have] federal question jurisdiction.
Usage Notes
JurisJotter templates synthesize legal principles into a practical format that supports the development of well-structured, point-rich analyses in a timed exam.
The template features (1) headers identifying the overall issue, analysis, and conclusion. If the analysis begins with an umbrella rule that identifies elements, factors, or steps of the analysis, it will be followed by subheaders that signpost the analysis of each component.
The template also features (2) IRAC labels at the beginning of each paragraph. These headers and labels are included for educational purposes, offering guidance on structuring your analysis. Your usage of the headers is optional but can be helpful to readers. We advise against including the IRAC labels in submitted work.
The templates serve as a general guide for writing and should be adapted to align with (1) your specific factual circumstances and (2) your professor’s preferences, particularly if your professor provides explicit formulations of rules or analyses. For example, you may add or subtract an element or modify its language. Regardless of whether your professor provides explicit formulations, (3) this template will assist you in crafting point-rich analyses.
Please note that these templates are writing aids and not finished products. They are efficiently designed for exam essays to demonstrate conceptual understanding; thus, they are not comprehensive outlines with historical context or dicta.
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