Arising Under Clause: Federal Question Jurisdiction in Federal Courts

Question 1

Which of the following is NOT a requirement for a case to 'arise under' federal law, granting federal courts jurisdiction?

Accepted Answer

The case must involve a dispute between citizens of different states.

Answer

The plaintiff's complaint must allege a federal question.

Answer

The federal question must be substantial.

Question 2

Reworded: The fundamental purpose of the 'arising under' clause of Article III, Section 2 of the Constitution is to:

Accepted Answer

Grant federal courts jurisdiction over cases involving federal laws

Answer

Establish a hierarchy of courts within the federal system

Answer

Define the limits of state court jurisdiction

Answer

Provide a basis for federal review of state court decisions

Question 3

Reworded: Original jurisdiction in federal question cases refers to the authority of federal courts to:

Accepted Answer

Hear cases initially

Answer

Review decisions of lower courts

Answer

Mediate disputes

Answer

Grant injunctive relief

Question 4

Reworded: Which of the following is not an argument in favor of a broad interpretation of the 'arising under' clause?

Accepted Answer

It limits the power of state courts

Answer

It ensures the uniform application of federal law

Answer

It promotes judicial efficiency

Answer

It protects individual rights

Question 5

In Marbury v. Madison (1803), the Supreme Court ruled that:

Accepted Answer

Federal courts can declare laws unconstitutional.

Answer

Federal courts have exclusive jurisdiction over all cases involving federal questions.

Answer

The 'arising under' clause only applies to cases involving the Constitution.

Question 6

What clause of the Constitution establishes federal question jurisdiction?

Accepted Answer

Arising Under Clause

Answer

Full Faith and Credit Clause

Answer

Necessary and Proper Clause

Answer

Supremacy Clause

Question 7

Which of the following is the best definition of a 'federal question'?

Accepted Answer

A question that arises under the Constitution, laws, or treaties of the United States.

Answer

A question that involves a dispute between two or more states.

Answer

A question that affects the foreign relations of the United States.

Answer

A question that is decided by the Supreme Court of the United States.

Question 8

Which of the following cases would NOT be within the federal question jurisdiction of federal courts?

Accepted Answer

A lawsuit by a state against a neighboring state for breach of contract.

Answer

A lawsuit by a citizen against a state agency for violating the Americans with Disabilities Act.

Answer

A lawsuit by a Native American tribe against the federal government for breach of a treaty.

Question 9

Which of the following is an example of a 'well-pleaded complaint'?

Accepted Answer

A complaint that alleges a violation of federal law.

Answer

A complaint that alleges a violation of state law, but also includes a claim for damages under federal law.

Answer

A complaint that alleges a violation of both federal and state law.

Question 10

What is the purpose of the 'arising under' clause?

Accepted Answer

To give federal courts jurisdiction over cases that involve federal questions.

Answer

To prevent state courts from interfering with federal law.

Answer

To ensure that all cases involving federal law are decided by the Supreme Court.

Question 11

What is the significance of the Supreme Court's decision in Louisville & Nashville R.R. Co. v. Mottley?

Accepted Answer

It limited the scope of federal question jurisdiction to cases that involve a substantial federal interest.

Answer

It established the 'complete preemption' doctrine.

Question 12

Which of the following is NOT a requirement for federal question jurisdiction under the 'arising under' clause?

Accepted Answer

The plaintiff must be a federal government entity

Answer

The case must present a federal question

Answer

The federal question must be substantial

Answer

The federal question must be the main issue in the case

Question 13

What is the 'well-pleaded complaint rule' in the context of federal question jurisdiction?

Accepted Answer

The federal question must be apparent from the face of the complaint.

Answer

The federal question must be raised as a defense to the complaint.

Answer

The federal question must be raised in a counterclaim.

Answer

The federal question must be decided by the court before it can exercise jurisdiction.

Question 14

Which of the following cases established the doctrine of implied federal question jurisdiction?

Accepted Answer

Smith v. Kansas City Title & Trust Co.

Answer

Marbury v. Madison

Answer

Louisville & Nashville Railroad Co. v. Mottley

Answer

Gibbons v. Ogden

Question 15

What is the purpose of the 'federal supremacy clause'?

Accepted Answer

To ensure that federal law takes precedence over state law

Answer

To limit the power of the federal government

Answer

To give the federal courts exclusive jurisdiction over cases involving federal questions

Answer

To create a uniform body of law throughout the United States

Question 16

Which of the following is an example of a case that would be within the jurisdiction of federal courts under the 'arising under' clause?

Accepted Answer

A case involving a dispute over a federal statute

Answer

A case involving a dispute over a state statute

Answer

A case involving a dispute over a private contract

Answer

A case involving a dispute over a criminal offense

Question 17

What is the difference between 'arising under' jurisdiction and 'federal question' jurisdiction?

Accepted Answer

Arising under jurisdiction is narrower than federal question jurisdiction

Answer

There is no difference

Answer

Federal question jurisdiction is narrower than arising under jurisdiction

Answer

Arising under jurisdiction applies to cases involving federal statutes, while federal question jurisdiction applies to cases involving the Constitution

Question 18

What is the ' complete preemption doctrine'?

Accepted Answer

A doctrine that allows federal law to completely preempt state law in certain areas

Answer

A doctrine that requires federal courts to defer to state court interpretations of federal law

Answer

A doctrine that limits the jurisdiction of federal courts over cases involving federal questions

Answer

A doctrine that gives federal courts exclusive jurisdiction over cases involving federal criminal offenses

Question 19

Which of the following is NOT a benefit of federal question jurisdiction?

Accepted Answer

It increases the workload of federal courts

Answer

It provides a uniform interpretation of federal law

Answer

It protects federal rights

Answer

It allows individuals to sue the federal government

Question 20

Which of the following is NOT a requirement for a federal question to give rise to federal court jurisdiction?

Accepted Answer

The federal question must be frivolous.

Answer

The federal question must be substantial.

Answer

The federal question must be well-pleaded.

Answer

The complaint must raise a federal question.

Question 21

Which of the following cases would likely arise under federal law?

Accepted Answer

A civil rights lawsuit alleging discrimination under the Americans with Disabilities Act.

Answer

A dispute over a contract between two private parties.

Answer

A criminal prosecution for armed robbery.

Answer

A divorce proceeding.

Question 22

What is the purpose of the 'well-pleaded complaint' rule in federal question jurisdiction?

Accepted Answer

To prevent plaintiffs from invoking federal jurisdiction by including a federal question in their complaint.

Answer

To ensure that federal courts have jurisdiction over all cases involving federal questions.

Answer

To give state courts the opportunity to resolve federal questions before they are brought to federal court.

Answer

To prevent defendants from removing cases from state court to federal court.

Question 23

What is a consequence of a federal court finding that it lacks 'arising under' jurisdiction?

Accepted Answer

The case will be dismissed.

Answer

The case will be transferred to a state court.

Answer

The case will be stayed until the federal question can be resolved.

Answer

Nothing will happen.

Question 24

What is the relationship between the 'arising under' clause and the 'supremacy clause'?

Accepted Answer

The 'arising under' clause is a specific application of the 'supremacy clause'.

Answer

The 'supremacy clause' is a specific application of the 'arising under' clause.

Answer

The 'arising under' clause and the 'supremacy clause' are unrelated.

Answer

The 'arising under' clause overrules the 'supremacy clause'.

Question 25

What is the key difference between federal question jurisdiction and diversity jurisdiction?

Accepted Answer

Subject matter of the lawsuit

Answer

Amount in controversy

Answer

Citizenship of the parties

Answer

Venue of the case

Question 26

Which element is NOT essential for federal question jurisdiction under the 'arising under' clause?

Accepted Answer

Case brought in federal court

Answer

Federal law as the basis for the claim

Answer

Substantial federal question

Answer

Question arising from the Constitution, statute, or treaty of the United States

Question 27

What is a limitation of the 'arising under' clause?

Accepted Answer

Federal courts cannot hear cases involving solely state law.

Answer

Federal courts cannot hear frivolous or meritless cases.

Answer

Federal courts cannot hear cases involving political questions.

Answer

Federal courts cannot hear cases involving foreign law.

Question 28

'Complete preemption' allows federal courts to exercise jurisdiction over:

Accepted Answer

Cases governed entirely by federal law.

Answer

Cases with a substantial federal question.

Answer

Cases brought by the federal government.

Answer

Cases removed from state court to federal court.

Question 29

Which factor is NOT considered in determining whether a case 'arises under' federal law?

Accepted Answer

Damages claimed by the plaintiff

Answer

Nature of plaintiff's claim

Answer

Defendant's source of authority

Answer

Relief sought by the plaintiff

Question 30

'Pendent jurisdiction' allows federal courts to exercise jurisdiction over:

Accepted Answer

State law claims related to a federal question claim.

Answer

State law claims unrelated to a federal question claim.

Answer

Federal law claims related to a state law claim.

Answer

Federal law claims unrelated to a state law claim.

Question 31

Which case would NOT be considered to 'arise under' federal law and thus fall outside federal court jurisdiction?

Accepted Answer

Breach of contract between private parties without federal law involvement.

Answer

Violation of the Securities Exchange Act of 1934.

Answer

Enforcing a contract governed by federal law.

Answer

Challenging a state statute regulating firearms.

Question 32

The 'arising under' clause is an example of what type of jurisdiction?

Accepted Answer

Original jurisdiction.

Answer

Appellate jurisdiction.

Answer

Exclusive jurisdiction.

Answer

Concurrent jurisdiction.

Question 33

Which Supreme Court case established the 'complete preemption' doctrine, stating that federal law fully overrides state law in specific areas where Congress has taken control?

Accepted Answer

Smith v. Kansas City Title & Trust Co.

Answer

McCulloch v. Maryland

Answer

Gibbons v. Ogden

Answer

Erie Railroad Co. v. Tompkins

Question 34

Which of the following is NOT a requirement for federal question jurisdiction under the 'arising under' clause?

Accepted Answer

The plaintiff must have a valid federal claim.

Answer

The question must be based on a federal statute, treaty, or the Constitution.

Answer

The question must be capable of being resolved by reference to federal law.

Answer

The question must be substantial.

Question 35

What is the primary purpose of the 'arising under' clause?

Accepted Answer

To grant federal courts jurisdiction over cases involving federal questions.

Answer

To limit the jurisdiction of state courts.

Answer

To create a separate federal court system.

Question 36

Which of the following Supreme Court cases established the scope of federal question jurisdiction?

Accepted Answer

Louisville & Nashville Railroad Co. v. Mottley

Answer

Gibbons v. Ogden

Answer

Marbury v. Madison

Question 37

What is the 'well-pleaded complaint rule' in the context of federal question jurisdiction?

Accepted Answer

A federal question must appear on the face of the plaintiff's complaint.

Answer

A federal question must be the main issue in the case.

Answer

A federal question must be raised by the defendant.

Question 38

Which of the following is an example of an implied right of action?

Accepted Answer

A lawsuit for damages under the Sherman Antitrust Act.

Answer

A lawsuit for breach of contract.

Answer

A lawsuit for tort damages.

Question 39

The 'arising under' clause grants federal courts jurisdiction over cases that:

Accepted Answer

Involve federal laws, treaties, or the Constitution

Answer

Are related to admiralty or maritime law

Answer

Involve disputes between states

Question 40

Which of the following is an example of a case that would likely NOT arise under federal law?

Accepted Answer

A breach of contract dispute between two private parties

Answer

A claim for damages under the federal civil rights law

Answer

A lawsuit challenging the constitutionality of a state law

Question 41

The 'well-pleaded complaint' rule requires that:

Accepted Answer

The federal question must appear on the face of the complaint

Answer

The federal court must determine that the federal issue is substantial

Answer

The defendant must raise the federal issue as a defense

Question 42

Pendent jurisdiction allows federal courts to hear state law claims that:

Accepted Answer

Are related to a federal question that the court already has jurisdiction over

Answer

Involve substantial amounts of money

Answer

Are independent of any federal question

Question 43

The 'federal question' element of federal question jurisdiction requires the case to:

Accepted Answer

Substantially rely on the interpretation or application of federal law

Answer

Be brought by a party who is a citizen of the United States

Answer

Involve a dispute between the federal government and a state

Question 44

The Supreme Court's decision in Grable & Sons Metal Products, Inc. v. Darue Engineering & Mfg. held that:

Accepted Answer

Federal question jurisdiction does not extend to claims that are merely preempted by federal law

Answer

Federal question jurisdiction applies whenever a federal law is involved

Answer

Pendent jurisdiction can be used to hear state law claims that are related to a federal question

Question 45

Which of the following is an example of a 'federal issue' that could give rise to federal question jurisdiction?

Accepted Answer

A dispute over whether a state law violates the Supremacy Clause

Answer

A breach of contract between two private parties

Answer

A tort claim for negligence

Question 46

Which of the following is the best example of a case that arises under federal law?

Accepted Answer

A lawsuit brought by a state against a federal agency.

Answer

A criminal case brought by the state.

Answer

A contract dispute between two individuals.

Question 47

The 'arising under' clause of Article III is interpreted to include cases that:

Accepted Answer

Present a genuine and substantial question of federal law.

Answer

Are only brought by federal agencies.

Answer

Are tangential to federal law.

Answer

Are remotely related to federal law.

Question 48

The 'arising under' clause has been interpreted to exclude cases that:

Accepted Answer

Are based solely on state law.

Answer

Raise issues of federalism.

Answer

Are brought to vindicate federal rights.

Answer

Involve only federal parties.

Question 49

The 'arising under' clause has been interpreted to include cases that:

Accepted Answer

Involve a substantial question of federal law.

Answer

Involve a federal crime.

Answer

Are brought by the federal government.

Question 50

The 'arising under' clause:

Accepted Answer

Grants federal courts jurisdiction over cases that involve federal questions.

Answer

Limits federal courts' jurisdiction to cases involving only federal parties.

Answer

Requires federal courts to decide cases based solely on federal law.

Question 51

Which of the following is an example of a case that would NOT arise under federal law?

Accepted Answer

A lawsuit for breach of contract between two private parties.

Answer

A lawsuit brought by a state against a federal agency.

Answer

A lawsuit challenging the constitutionality of a federal law.