This lesson will focus on federal question jurisdiction under the federal question provisions in the Constitution and in section 1331, with primary emphasis on section 1331. We'll also spend a little time looking at related statutes, such as 28 U.S.C. §§ 1338, 1441, and 1454.
On completion of the lesson, the student will be able to:
1. Define basic concepts and terminology.
2. Explain the scope of Constitutional versus statutory federal question jurisdiction.
3. Explain the purpose of the "well-pleased complaint" rule.
4. Define the two tests used to analyze the plaintiff's cause of action.
5. Distinguish between the Holmes "creation" test; and the Grable/Gunn test.