Civil Procedure Multistate Bar Practice Exam

What should be assessed to determine if a federal question exists?

1. If there is a federal right being enforced

2. If the parties are from different states

3. If the amount in controversy exceeds $10,000

4. If the case was previously heard in state court

The correct answer is: If there is a federal right being enforced

To determine if a federal question exists, one must assess whether the case involves a federal right being enforced. Federal question jurisdiction arises under 28 U.S.C. § 1331, which provides that federal courts have original jurisdiction over civil actions arising under the Constitution, laws, or treaties of the United States. This means that the cause of action must involve a significant issue of federal law; for instance, a case could be based on interpreting a federal statute or challenging the constitutionality of a federal regulation. Establishing the presence of a federal right is essential because, without it, there is no basis for the federal court to claim jurisdiction over the dispute. Other considerations, such as whether the parties are from different states, the amount in controversy, and whether the case was previously heard in state court, pertain to diversity jurisdiction or procedural aspects but do not directly relate to assessing federal question jurisdiction. Diversity jurisdiction requires a different set of criteria focused on the parties' citizenship and the amount involved rather than the legal issues at stake.