Civil Procedure Multistate Bar Practice Exam

What is a defining characteristic of a federal question jurisdiction?

1. It is limited to federal parties

2. Nationality of parties is not relevant

3. Amount in controversy is always required

4. It must involve a matter of state law

The correct answer is: Nationality of parties is not relevant

Federal question jurisdiction is defined by the nature of the case itself rather than the parties involved. Specifically, it provides federal courts with the authority to hear cases that arise under the Constitution, federal laws, or treaties of the United States. This means that the nationality of the parties is not a factor in determining whether federal question jurisdiction exists. In contrast, diversity jurisdiction does require that parties be from different states, but that is not relevant to federal question jurisdiction. The other options misinterpret the requirements of federal question jurisdiction. It is not restricted to cases involving federal parties, nor does it necessitate a specified amount in controversy. Furthermore, it does not typically involve matters of state law, as federal question jurisdiction specifically pertains to issues arising under federal law. Therefore, the defining characteristic that best captures the essence of federal question jurisdiction is that the nationality of the parties is not relevant, allowing federal courts to focus on the legal question at hand rather than the parties’ backgrounds.