28 usc section 1331.

Section consolidates sections 451, 452 and 453 of title 28, U.S.C., 1940 ed., with changes in phraseology necessary to effect the consolidation. Words “for the purpose of an inquiry into the cause of restraint of liberty” in section 452 of title 28 , U.S.C., 1940 ed., were omitted as merely descriptive of the writ.

28 usc section 1331. Things To Know About 28 usc section 1331.

Official Publications from the U.S. Government Publishing Office. June 25, 1948, ch. 646, 62 Stat. 931; Pub. L. 91-577, title III, §143(b), Dec. 24, 1970, 84 Stat ...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 …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 …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, the court shall, if it is in the interest of justice, transfer such action or appeal to any other such court (or, for cases within the ...

(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 …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 ... 28 U.S.C. § 1331 (2000). 2. From March 2005 to March 2006, 244,068 civil cases were filed in the federal courts. OfJan 1, 2018 · (a) 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 proceeding regarding a class or kind of merchandise of a free trade area country (as ...

(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. 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 …

The provision of said section 76 of title 28, U.S.C., 1940 ed., for certificate of counsel that he has examined the proceedings and carefully inquired into all matters set forth in the petition and believes them to be true, was omitted as unnecessary and inconsistent with Rule 11 of the Federal Rules of Civil Procedure.(a) 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 proceeding regarding a class or kind of merchandise …Jan 1, 2018 · (b) Except when express provision therefor is otherwise made in a statute of the United States, where the plaintiff who files the case originally in the Federal courts is finally adjudged to be entitled to recover less than the sum or value of $75,000, computed without regard to any setoff or counterclaim to which the defendant may be adjudged to be entitled, and exclusive of interest and ... By Connor Cafferty. “Diversity jurisdiction” in federal court under 28 U.S.C. § 1332 exists when two conditions are met. First, the amount in controversy must exceed $75,000. Second, all plaintiffs must be of different citizenship than all defendants. When diversity jurisdiction exists, a defendant may remove an action from state court to ...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'."

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.

Other provisions of such section 227a are incorporated in section 1292 of this title. Section 227a of title 28, U.S.C., 1940 ed., provided a time limit of 30 days for appeals from patent-infringement decisions, and section 230 of title 28, U.S.C., 1940 ed., permitted 3 months for appeals generally. The revised section adopts the 30-day limit in ...

Title 28; PART IV; CHAPTER 83 § 1296; Quick search by citation: Title. Section. Go! 28 U.S. Code § 1296 - Review of certain agency actions . ... Any petition for review under this section must be filed within 30 days after the date the petitioner receives notice of the final decision. (Added Pub. L. 104–331, § 3(a)(1) ...CITE AS: 28 USC 1342. § 1343. Civil rights and elective franchise. (1) To recover damages for injury to his person or property, or because of the deprivation of any right or privilege of a citizen of the United States, by any act done in furtherance of any conspiracy mentioned in section 1985 of Title 42;(b) Nothing in this section shall authorize the alienation, encumbrance, or taxation of any real or personal property, including water rights, belonging to any Indian or any Indian tribe, band, or community that is held in trust by the United States or is subject to a restriction against alienation imposed by the United States; or shall authorize regulation …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 - The Statutory Component For federal question jurisdiction to exist, the requirements of 28 USC 1331 must also be met. This statute gives federal courts jurisdiction only to those cases which "aris[e] under" federal law.

(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.28 U.S. Code § 451 - Definitions. The term “ court of the United States ” includes the Supreme Court of the United States, courts of appeals, district courts constituted by chapter 5 of this title, including the Court of International Trade and any court created by Act of Congress the judges of which are entitled to hold office during good ...Title 28, section 1331 of the United States Code provides the jurisdictional grounding for the majority of cases heard in the federal courts, yet it is not well understood. The predominant view holds that section 1331 doctrine both lacks a focus upon congressional intent and is internally inconsistent. I seek to counter both these …Federal question, U.S. Code 28 (2021), § 1331. https://www.govinfo.gov/app/details/USCODE-2021-title28/USCODE-2021-title28-partIV-chap85-sec1331. APA Copy. House of Representatives, Congress. (). 28 U.S.C. 1331 - Federal question. [Government]. U.S. Government Publishing Office.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 ... 28 U.S.C. § 1331 (2000). 2. From March 2005 to March 2006, 244,068 civil cases were filed in the federal courts. Of

U.S. Title 28. Judiciary and Judicial Procedure 28 USCA Section 631. Read the code on FindLaw ... of this section, removal shall not occur unless a majority of all the judges of the appointing district courts concur in the order of removal; and where there is a tie vote on the question of the removal or retention in office of a magistrate judge ...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 …

Official Publications from the U.S. Government Publishing Office.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.Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 - DISTRICT COURTS; JURISDICTION Sec. 1343 - Civil rights and elective franchiseThe revised section retains the language of section 41(20) of title 28, U.S.C., 1940 ed., with respect to actions against the United States if the collector is dead or not in office when action is commenced, and consequently maintains the long existing distinctions in practice between actions against the United States and actions against the ...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 ... Jan 1, 2018 · (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 ...

Abstract. Title 28, section 1331 of the United States Code provides the jurisdictional grounding for the majority of cases heard in the federal courts, yet it is not well understood. The ...

Contained Within. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE. PART IV - JURISDICTION AND VENUE. CHAPTER 85 - DISTRICT COURTS; JURISDICTION. Sec. 1331 - Federal question.

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. Editorial Notes Amendments. 1949-Subd. (1). Act May 24, 1949, substituted "suitors" for "libellant or petitioner".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.L. 94–583 substituted ‘‘citizens oramendment made by this Act to section 1332(c), title 28, subjects of a foreign state are additional parties; and’’ for ‘‘foreign states or citizens or subjects thereof are additional parties’’. ... set out as a note under section 1331 of this title. §1333. Admiralty, maritime and prize casesOther provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1345, 1354, and 1359 of this title. Words “at law or in equity” before “in the courts of such State” were omitted as unnecessary.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: 2008: Laws in Effect as of Date: January 5, 2009: Positive Law: Yes: Disposition: standard: Source ... 28 U.S.C. United States Code, 2020 Edition Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART IV - JURISDICTION AND VENUE CHAPTER 85 ... 1331. Federal question. 1332. Diversity of citizenship; amount in controversy; costs. 1333. Admiralty, maritime and prize cases. 1334. Bankruptcy cases and proceedings. 1335. Interpleader. 1336. Surface ...Litigation venue and formats Jurisdiction over trademark claims. Federal courts have jurisdiction over trademark and unfair competition claims pursuant to 15 USC Section 1121, 28 USC Sections 1331 and 1338 and the doctrine of supplemental jurisdiction, 28 USC Section 1367.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."' This statute grounds the majority of civil actions heard in federal court.10 U.S. Code § 1331 - Reference to chapter 1223 . U.S. Code ; Notes ; Provisions of law relating to retired pay for nonregular service are set forth in chapter 1223 of this title (beginning with section 12731). (Added Pub. L. 103–337, div. A, title XVI, § 1662(j)(7), Oct. 5, 1994, 108 Stat. 3005.)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 ...

... 28 U.S.C. Sec. 1332(b) and Federal Rule. 54(d), 45 Marq. L. Rev. 117 (1961) ... By the Act of July 25, 19583 (Section 1331) the minimum amount was raised to ...28 USC § 1331 - The Statutory Component For federal question jurisdiction to exist, the requirements of 28 USC 1331 must also be met. This statute gives federal courts jurisdiction …28 USC 1350: Alien's action for tort Text contains those laws in effect on October 19, 2023. From Title 28-JUDICIARY AND JUDICIAL PROCEDURE PART IV-JURISDICTION AND VENUE CHAPTER 85-DISTRICT COURTS; ... "SECTION 1. SHORT TITLE. "This Act may be cited as the 'Torture Victim Protection Act of 1991'.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."' Instagram:https://instagram. k state bball rostergonzaga vs kansascaps university2nd gen tacoma forum 1949 Act. Subsection (b) of section 1446 of title 28, U.S.C., as revised, has been found to create difficulty in those States, such as New York, where suit is commenced by the service of a summons and the plaintiff’s initial pleading is not required to be served or filed until later.. The first paragraph of the amendment to subsection (b) corrects this situation by … animation illustrationexamples of low incidence disabilities Section consolidates provision in section 41(20) of title 28, U.S.C., 1940 ed., as to time limitation for bring-ing actions against the United States under section 1346(a) of this title, with section 942 of said title 28. Words ‘‘or within one year after the date of enact-ment of this Act whichever is later’’, in section 942 of rotc enlistment requirements Section 1331 of Title 28 of the United States is a federal statute that provides the basis for federal question jurisdiction in the United States. It grants federal district courts original jurisdiction over civil cases that arise under federal law. Typically, in order to have federal question jurisdiction, the plaintiff's complaint must be a ...1978—Pub. L. 95–598, title II, § 241(b), Nov. 6, 1978, 92 Stat. 2671, directed the addition of item for chapter 90, “District Courts and Bankruptcy Courts”, which amendment did not become effective pursuant to section 402(b) of Pub. L. 95–598, as amended, set out as an Effective Date note preceding section 101 of Title 11, Bankruptcy.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'."