28-U.S.C.-1331
§1331 – Federal Question
Pathway
Title 28 > Part IV > Chapter 85 > Section 1331
Details
- Reference: Section 1331
- Legend: §1331 – Federal Question
- USCode Year: 2013
Provision Content
The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
(June 25, 1948, ch. 646, 62 Stat. 930; Pub. L. 85–554, §1, July 25, 1958, 72 Stat. 415; Pub. L. 94–574, §2, Oct. 21, 1976, 90 Stat. 2721; Pub. L. 96–486, §2(a), Dec. 1, 1980, 94 Stat. 2369.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., §41(1) (Mar. 3, 1911, ch. 231, §24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, §1, 48 Stat. 775; Aug. 21, 1937, ch. 726, §1, 50 Stat. 738; Apr. 20, 1940, ch. 117, 54 Stat. 143).
Jurisdiction of federal questions arising under other sections of this chapter is not dependent upon the amount in controversy. (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, revisers 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 construction of provision relating to jurisdictional amount requirement in cases involving a Federal question in United States v. Sayward, 16 S.Ct. 371, 160 U.S. 493, 40 L.Ed. 508; Fishback v. Western Union Tel. Co., 16 S.Ct. 506, 161 U.S. 96, 40 L.Ed. 630; and Halt v. Indiana Manufacturing Co., 1900, 20 S.Ct. 272, 176 U.S. 68, 44 L.Ed. 374.
Words all civil actions were substituted for all suits of a civil nature, at common law or in equity to conform with Rule 2 of the Federal Rules of Civil Procedure.
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.
Amendments
1980—Pub. L. 96–486 struck out ; amount in controversy; costs in section catchline, struck out minimum amount in controversy requirement of $10,000 for original jurisdiction in federal question cases which necessitated striking the exception to such required minimum amount that authorized original jurisdiction in actions brought against the United States, any agency thereof, or any officer or employee thereof in an official capacity, struck out provision authorizing the district court except where express provision therefore was made in a federal statute to deny costs to a plaintiff and in fact impose such costs upon such plaintiff where plaintiff was adjudged to be entitled to recover less than the required amount in controversy, computed without regard to set-off or counterclaim and exclusive of interests and costs, and struck out existing subsection designations.
1976—Subsec. (a). Pub. L. 94–574 struck out $10,000 jurisdictional amount where action is brought against the United States, any agency thereof, or any officer or employee thereof in his official capacity.
1958—Pub. L. 85–554 included costs in section catchline, designated existing provisions as subsec. (a), substituted $10,000 for $3,000, and added subsec. (b).
Effective Date of 1980 Amendment; Applicability
Pub. L. 96–486, §4, Dec. 1, 1980, 94 Stat. 2370, provided: This Act [amending this section and section 2072 of Title 15, Commerce and Trade, and enacting provisions set out as a note under section 1 of this title] shall apply to any civil action pending on the date of enactment of this Act [Dec. 1, 1980].
Effective Date of 1958 Amendment
Pub. L. 85–554, §3, July 25, 1958, 72 Stat. 415, provided that: This Act [amending this section and sections 1332 and 1345 of this title] shall apply only in the case of actions commenced after the date of the enactment of this Act [July 25, 1958].
U.S. Encyclopedia of Law Coverage
28-U.S.C.-1331 in the Legal Encyclopedia: Judiciary
In this entry about 28-U.S.C.-1331, find legal reference material, bibliographies and premiere content related to judiciary in the American Encyclopedia of Law, presenting a comprehensive view of the United States judiciary-specific issues, written by authorities in the field.
28-U.S.C.-1296 in the Legal Encyclopedia: Jurisdiction
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28-U.S.C.-91 in the Legal Encyclopedia: District Courts
In this entry about 28-U.S.C.-91, find legal reference material, bibliographies and premiere content related to district courts in the American Encyclopedia of Law, presenting a comprehensive view of the United States district courts-specific issues, written by authorities in the field.
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