28 usc section 1331. The federal district court denied plaintiff’s attempt to remand...

Section 1331, Title 28 of the United States Code i

28 USC 1331: Federal question Text contains those laws in effect on October 15, 2023. ... The remaining provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1332, 1341, 1342, 1345, 1354, and 1359 of this title. Changes were made in arrangement and phraseology.Section. Go! 28 U.S. Code § 1349 - Corporation organized under federal law as party . ... Based on title 28, U.S.C., 1940 ed., § 42 (Feb. 13, 1925, ch. 229, § 12, 43 Stat. 941). Words “civil action” were substituted for “action or suit,” in view of Rule 2 …Also, certain state court claims are pre-empted by federal law, and thus present federal questions. 28 U.S.C. § 1331. The district courts shall have original ...Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1342, 1345, 1354, and 1359 of this title. Words "at law or in equity" before "in the courts of such State" were omitted as unnecessary. Words "civil action" were substituted for "suit" in view of Rule 2 of the Federal Rules of Civil Procedure.The remaining provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1332, 1341, 1342, 1345, 1354, and 1359 of this title. Changes were made in arrangement and phraseology. Editorial Notes AMENDMENTS 1980—Pub. L. 96–486 struck out ‘‘; amount in con-troversy; costs’’ in section catchline, struck out min- Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1341, 1342, 1345, 1354, and 1359 of this title. (See reviser's notes under said …28 USC 1331: Federal question Text contains those laws in effect on October 19, 2023. ... The remaining provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1332, 1341, 1342, 1345, 1354, and 1359 of this title. Changes were made in arrangement and phraseology.2016 оны 5-р сарын 16 ... ... 28 U.S.C. § 1331 determines whether federal courts have exclusive jurisdiction under section 27 of the Securities Exchange Act of 1934 (the ...Section 1983 does not allow you to sue federal officials. However, you can use a different law, 28 U.S.C. § 1331, to challenge violations of your constitutional rights by federal officials.7 Section 1331 provides federal courts the power to hear civil claims involving the Constitution or federal laws, and these claims can includeSection 1331 2022-07-14T19:45:30-05:00 – Table of Contents – 28 U.S. Code § 1331 – Federal Question (through July 14, 2022) The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.Citation: 28 U.S.C. § 1367 (2021) Section Name §1367. Supplemental jurisdiction: Section Text (a) Except as provided in subsections (b) and (c) or as expressly provided otherwise by Federal statute, in any civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the ...The remaining provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1332, 1341, 1342, 1345, 1354, and 1359 of this title. Changes were made in arrangement and phraseology. Editorial Notes AMENDMENTS 1980—Pub. L. 96–486 struck out ‘‘; amount in con-troversy; costs’’ in section catchline, struck out min-Section 23-1331 - Definitions. As used in this subchapter: (1) The term "judicial officer" means, unless otherwise indicated, any person or court in the District of Columbia authorized pursuant to section 3041 of Title 18, United States Code, or the Federal Rules of Criminal Procedure, to bail or otherwise release a person before trial or sentencing or pending …However, you can use a different law, 28 U.S.C. § 1331, to challenge violations of your constitutional rights by federal officials.7Section 1331 provides federal courts the power to …The portion of section 112 of title 28, U.S.C., 1940 ed., relating to venue generally constitutes this section and the parts relating to arrest of the defendant, venue and process in stockholders’ actions constitute sections 1401, 1693, and 1695 of this title. Provision in section 111 of title 28, U.S.C., 1940 ed., that a district court may ...Pub. L. 97–164, title I, §166, Apr. 2, 1982, 96 Stat. 50, provided that: "Notwithstanding the provisions of section 45(a) of title 28, United States Code, the first chief judge of the United States Court of Appeals for the Federal Circuit shall be the Chief Judge of the United States Court of Claims or the Chief Judge of the United States ... 28 USC 1331: Federal question Text contains those laws in effect on October 21, 2023. ... The remaining provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1332, 1341, 1342, 1345, 1354, and 1359 of this title. Changes were made in arrangement and phraseology.Official Publications from the U.S. Government Publishing Office. 28 U.S.C. § 1331 (2015) §1331. Federal question. The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States. ... (See annotations under former section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq., §§30–43. See, also, reviser's note under ...Under Section 1331, federal courts have jurisdiction over civil actions that “arise under the Constitution, laws, or treaties of the United States.”. Most cases brought in federal court rely on section 1331 for jurisdiction.[4] The most obvious case in which section 1331 applies is when federal law creates the cause of action.However, you can use a different law, 28 U.S.C. § 1331, to challenge violations of your constitutional rights by federal officials.7Section 1331 provides federal courts the power to …cases under title 11 of the United States Code, and proceedings arising under title 11 of the United States Code or arising in or related to cases under title 11 of the United States Code, that are pending immediately before such date in the bankruptcy courts continued by section 404(a) of the Act of November 6, 1978 (Public Law 95–598; 92 ... section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq., §§30–43. See, also, reviser’s note under section 1332 of this title.) Words ‘‘wherein the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs,’’ were added to conform to rulings of the Su-preme Court.2016 оны 5-р сарын 23 ... Manning (2016), the Court interpreted Section 27 to be no broader than the jurisdictional grant in 28 U.S.C. § 1331(a), for claims "arising ...28 U.S. Code § 2201 - Creation of remedy. In a case of actual controversy within its jurisdiction, except with respect to Federal taxes other than actions brought under section 7428 of the Internal Revenue Code of 1986, a proceeding under section 505 or 1146 of title 11, or in any civil action involving an antidumping or countervailing duty ... (1) In general.--A civil action in which a defendant is an officer or employee of the United States or any agency thereof acting in his official capacity or under color of legal authority, or an agency of the United States, or the United States, may, except as otherwise provided by law, be brought in any judicial district in which (A) a defendant in the action resides, (B) a substantial part ...Based on title 28, U.S.C., 1940 ed., ... Subsection (b) is based upon section 163 of title 28, U.S.C., 1940 ed., which applied only to the district of Maine. This revised subsection extends to all judicial districts and permits transfer of cases between divisions. Criminal cases may be transferred pursuant to Rules 19–21 of the new Federal ...28 U.S.C. § 1331 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 1331. Federal question. Current as of January 01, 2018 | Updated by FindLaw Staff. Welcome to FindLaw's Cases & Codes, a free source of state and federal court opinions, state laws, and the United States Code.CITE AS: 28 USC 1332. § 1333. Admiralty, maritime and prize cases. The district courts shall have original jurisdiction, exclusive of the courts of the States, of: (1) Any civil case of admiralty or maritime jurisdiction, saving to suitors in all cases all other remedies to which they are otherwise entitled.authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. (d) Waiving Service. (1) Requesting a Waiver. An individual, corpora-tion, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff mayContained Within. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE. PART IV - JURISDICTION AND VENUE. CHAPTER 85 - DISTRICT COURTS; JURISDICTION. Sec. 1331 - Federal question.United States Code: SuDoc Class Number: Y 1.2/5: Contained Within: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION Sec. 1331 - Federal question: Contains: section 1331: Date: 2011: Laws in Effect as of Date: January 3, 2012: Positive Law: Yes: Disposition: standard: Source ...volving the meaning of 28 U.S.C. § 1331, the federal statute conferring ... Section 2 of the Act authorized the remov- al from state to federal court of civil ...CITE AS: 28 USC 1331. § 1332. Diversity of citizenship; amount in controversy; costs. (a) The district courts shall have original jurisdiction of all civil actions where the matter in controversy exceeds the sum or value of $75,000, exclusive of interest and costs, and is between—. (1) citizens of different States; Pub. L. 96–170, §3, Dec. 29, 1979, 93 Stat. 1284, provided that: "The amendments made by this Act [amending this section and section 1983 of Title 42, The Public Health and Welfare] shall apply with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after the date of the enactment ...In addition to granting jurisdiction over suits brought after the date of enactment of this Act [July 23, 1970], the provisions of this Act [amending this section and section 1491 of this title and section 724a of former Title 31, Money and Finance] shall also apply to claims and civil actions dismissed before or pending on the date of enactment of this Act if the claim or civil action is ... This section amends section 1333(a)(1) of title 28, U.S.C., by substituting “suitors” for “libellant or petitioner” to conform to the language of the law in existence at the time of the enactment of the revision of title 28. Amendments. 1949—Subd. (1). Act May 24, 1949, substituted “suitors” for “libellant or petitioner”.(b) Except when express provision therefor is otherwise made in a statute of the United States, where a plaintiff who files the case under section 11706 or 14706 of title 49, originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be ...United States Code: SuDoc Class Number: Y 1.2/5: Contained Within: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION Sec. 1331 - Federal question: Contains: section 1331: Date: 2011: Laws in Effect as of Date: January 3, 2012: Positive Law: Yes: Disposition: standard: Source ...In any civil action of which the district courts have original jurisdiction founded solely on section 1332 of this title, the district courts shall not have supplemental jurisdiction under subsection (a) over claims by plaintiffs against persons made parties under Rule 14, 19, 20, or 24 of the Federal Rules of Civil Procedure, or over claims by persons proposed to be joined as plaintiffs under ... Sec. 1331 - Federal question. Download PDF. Citation. 28 U.S.C. § 1331 (2021) Section Name. §1331. Federal question. Section Text. The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.(See annotations under former section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq. §§30–43. See, also, reviser's note under section 1331 of this title.) As to citizenship of bank where jurisdiction depends upon diversity of citizenship, see section 1348 of this title.Plaintiffs frequently rely on Section 1343 to bring suits in federal court under 42 U.S.C. ... 470 (codified at 28 U.S.C. § 1331(a)). The 1875 act also allowed ...Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1341, 1342, 1345, 1354, and 1359 of this title. (See reviser's notes under said sections.) Jurisdiction conferred by other sections of this chapter, except section 1335, is not dependent upon diversity of citizenship.United States Code: SuDoc Class Number: Y 1.2/5: Contained Within: Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION Sec. 1331 - Federal question: Contains: section 1331: Date: 2021: Laws In Effect As Of Date: January 3, 2022: Positive Law: Yes: Disposition: standard ...Abstract. Section 1331, Title 28 of the United States Code is the general federal question jurisdictional statute, which grants federal district courts with original subject matter jurisdiction over "all civil actions arising under the Constitution, laws, or treaties of the United States."'.Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1342, 1354, and 1359 of this title. Words "civil actions, suits or proceedings" were substituted for "suits of a civil nature, at common law or in equity" in view of Rules 2 and 81(a)(7) of the Federal Rules of Civil Procedure.Jan 1, 2018 · The removal of an action under this subsection shall be made in accordance with section 1446 of this title, except that a notice of removal may also be filed before trial of the action in State court within 30 days after the date on which the defendant first becomes a party to an action under section 1369 in a United States district court that arises from the same accident as the action in ... 28 USC 1331: Federal question Text contains those laws in effect on October 21, 2023. ... The remaining provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1332, 1341, 1342, 1345, 1354, and 1359 of this title. Changes were made in arrangement and phraseology.Pub. L. 96–486, §1, Dec. 1, 1980, 94 Stat. 2369, provided: "That this Act [amending section 1331 of this title and section 2072 of Title 15, Commerce and Trade, and enacting provisions set out as a note under section 1331 of this title] may be cited as the 'Federal Question Jurisdictional Amendments Act of 1980'."authorized to proceed in forma pauperis under 28 U.S.C. § 1915 or as a seaman under 28 U.S.C. § 1916. (d) Waiving Service. (1) Requesting a Waiver. An individual, corpora-tion, or association that is subject to service under Rule 4(e), (f), or (h) has a duty to avoid unnecessary expenses of serving the summons. The plaintiff maySection consolidates section 111 of title 28, U.S.C., 1940 ed., with part of section 112 of such title. The portion of section 112 of title 28 , U.S.C., 1940 ed., relating to venue generally constitutes this section and the parts relating to arrest of the defendant, venue and process in stockholders' actions constitute sections 1401, 1693, and ...(See annotations under former section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq., §§30-43. See, also, reviser's note under section 1332 of this title.)Words "wherein the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs," were added to conform to rulings of the Supreme Court. See ...Pub. L. 97–164, title I, §166, Apr. 2, 1982, 96 Stat. 50, provided that: "Notwithstanding the provisions of section 45(a) of title 28, United States Code, the first chief judge of the United States Court of Appeals for the Federal Circuit shall be the Chief Judge of the United States Court of Claims or the Chief Judge of the United States ... 1957-Pub. L. 85–315 inserted "and elective franchise" in section catchline and added par. (4). 1954-Act Sept. 3, 1954, substituted "section 1985 of Title 42" for "section 47 of Title 8" wherever appearing. Statutory Notes and Related Subsidiaries Effective Date of 1979 AmendmentTitle 28, section 1331 of the United States Code provides the jurisdictional grounding for the majority of cases heard in the federal courts, ...(See annotations under former section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq. §§30–43. See, also, reviser's note under section 1331 of this title.) As to citizenship of bank where jurisdiction depends upon diversity of citizenship, see section 1348 of this title.May 17, 2016 · The federal district court denied plaintiff’s attempt to remand to state court on two grounds. First, pursuant to the general federal question jurisdiction statute, 28 U.S.C. § 1331, the case was deemed a “civil action [] arising under” federal law. Second, based on the Act’s Section 27 specific jurisdictional provision, the federal ... The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.Based on title 28, U.S.C., 1940 ed., ... Subsection (b) is based upon section 163 of title 28, U.S.C., 1940 ed., which applied only to the district of Maine. This revised subsection extends to all judicial districts and permits transfer of cases between divisions. Criminal cases may be transferred pursuant to Rules 19–21 of the new Federal ...1957-Pub. L. 85–315 inserted "and elective franchise" in section catchline and added par. (4). 1954-Act Sept. 3, 1954, substituted "section 1985 of Title 42" for "section 47 of Title 8" wherever appearing. Statutory Notes and Related Subsidiaries Effective Date of 1979 AmendmentOther provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1341, 1342, 1345, 1354, and 1359 of this title. (See reviser's notes under said sections.) Jurisdiction conferred by other sections of this chapter, except section 1335, is not dependent upon diversity of citizenship.Contained Within. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE. PART IV - JURISDICTION AND VENUE. CHAPTER 85 - DISTRICT COURTS; JURISDICTION. Sec. 1331 - Federal question.Nov 23, 2021 · Provisions of section 344 of title 28, U.S.C., 1940 ed., relating to procedure for review of decisions of State courts are incorporated in section 2103 of this title. Other provisions of such section 344 of title 28, U.S.C., 1940 ed., are incorporated in section 2106 of this title. The revised section applies in both civil and criminal cases. 28 USC 1330: Actions against foreign states Text contains those laws in effect on October 11, 2023. From Title 28-JUDICIARY AND JUDICIAL PROCEDURE PART IV-JURISDICTION AND VENUE CHAPTER 85-DISTRICT COURTS; JURISDICTION. ... Section effective 90 days after Oct. 21, 1976, ...1330. TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE. item 1330, inserted a period after ‘‘question’’ in item 1331, substituted ‘‘plant variety protection, copyrights, mask works, trade-marks,’’ for ‘‘copyrights, and trade- marks’’ in item 1338, and inserted ‘‘and elective fran- chise’’ in item 1343.1501 of Pub. L. 109–8, set out as a note under section 101 of Title 11. EFFECTIVE DATE Section effective July 10, 1984, see section 122(a) of Pub. L. 98–353, set out as a note under section 151 of this title. §1411. Jury trials (a) Except as provided in subsection (b) of this section, this chapter and title 11 do not affect1455.The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) of this title as to any claim for relief in personam with respect to which the foreign state is not entitled to immunity either under sections 1605–1607 of this title or under any applicable international agreement.28 USC 1333: Admiralty, maritime and prize cases Text contains those laws in effect on October 19, 2023. ... Provisions of section 41(3) of title 28, U.S.C., 1940 ed., based on the 1917 and 1922 amendments, relating to remedies under State workmen's compensation laws, were deleted. Such amendments were held unconstitutional by the Supreme Court.2008 оны 2-р сарын 22 ... Title 28, section 1331 of the United States Code provides the jurisdictional grounding for the majority of cases heard in the federal courts ...Jan 1, 2018 · U.S. Title 28. Judiciary and Judicial Procedure 28 USCA Section 1331. Read the code on FindLaw Except when express provision therefor is otherwise made in a statute of the United States, where a plaintiff who files the case under section 11706 or 14706 of title 49, originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $10,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled ... Searchable text of the 28 USC 1338 - Patents, plant variety protection, copyrights, mask works, ... jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) ... 28 USC 1331 § 1332.(See annotations under former section 41 of title 28, U.S.C.A., and 35 C.J.S., p. 833 et seq., §§ 30-43. See, also, reviser's note under section 1332 of this title .) Words "wherein the matter in controversy exceeds the sum or value of $3,000, exclusive of interest and costs," were added to conform to rulings of the Supreme Court.Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1341, 1342, 1345, 1354, and 1359 of this title. (See reviser's notes under said sections.) Jurisdiction conferred by other sections of this chapter, except section 1335, is not dependent upon diversity of citizenship.The provisions of section 71 of title 28, U.S.C., 1940 ed., with respect to removal of actions under the Federal Employer’s Liability Act (U.S.C., 1940 ed., title 45, Railroads, §§ 51–60) and actions against a carrier for loss, damage, or delay to shipments under section 20 of title 49, U.S.C., 1940 ed., Transportation, are incorporated ...The language of said section 588d of title 12, U.S.C., 1940 ed., which related to bank robbery, or killing or kidnapping as an incident thereto (see section 2113, of this title), and which read “Jurisdiction over any offense defined by sections 588b and 588c of this title shall not be reserved exclusively to courts of the United States” was ...Section 1343’s grant of federal court jurisdiction is not exclusive, meaning that plaintiffs may also elect to bring claims under Section 1983 in state court. See, e.g., Maine v. Thiboutot, 448 U.S. 1 (1980). Jump to essay-18 Act of March 3, 1875, § 1, 18 Stat. 470 (codified at 28 U.S.C. § 1331 (a)). The 1875 act also allowed either party ...Section consolidates section 41(7) with section 371 (5) of title 28, U.S.C., 1940 ed., with necessary changes in phraseology. Words "of any civil action" were substituted for "all suits at law or in equity" and "cases" to conform section to Rule 2 of the Federal Rules of Civil Procedure. Nov 2, 2002 · Those paragraphs are (2)–(28) of said section 41 of title 28, U.S.C., 1940 ed., which are revised and incorporated in this chapter and, except for those relating to actions against the United States and interpleader, contains no provision as to a sum or value necessary to confer jurisdiction. Consequently the omitted sentence is covered by ... . 28 USC 1343: Civil rights and elective franchise Text contains Except when express provision therefor i Words "or treaties" were substituted for "or treaties made, or which shall be made under their authority," for purposes of brevity. The remaining provisions of section 41 (1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1332, 1341, 1342, 1345, 1354, and 1359 of this title. Changes were made in arrangement and phraseology.28 U.S. Code § 1631 - Transfer to cure want of jurisdiction . U.S. Code ; Notes ; Whenever a civil action is filed in a court as defined in section 610 of this title or an appeal, including a petition for review of administrative action, is noticed for or filed with such a court and that court finds that there is a want of jurisdiction, ... United States Code: SuDoc Class Number: Y 1.2/5: Contain 28 USC. §1332. “complete diversity”. Strawbridge. Federal. Question. III, §2. 28 USC. §1331. “well pleaded complaint rule”. Mottley. Page 3. Express grant. OJ ...14. Id. at 531-32. It should be noted at this point that an action brought under section 1343(3) is not subject to the amount-in-controversy provision of federal jurisdiction, 28 U.S.C. § 1331 (1970). This was stated in the Act of March 3, 1911, ch. 231, 36 Stat. 1087, 1091. Section 1331, Title 28 of the United Sta...

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