What is the mottley well-pleaded complaint rule?
Well-Pleaded Complaint Rule This means that the plaintiff’s initial complaint must contain the references to the federal question and the federal issue evoked. The federal question and issue cannot arise in an anticipated defense, it must be presented from the initial complaint.
What is a well-pleaded allegation?
Legal Definition of well-pleaded complaint rule : a rule of procedure that federal question jurisdiction cannot be acquired over a case unless an issue of federal law appears on the face of a properly pleaded complaint.
What is lack of subject-matter jurisdiction?
Subject-matter jurisdiction is the requirement that a given court have power to hear the specific kind of claim that is brought to that court. While litigating parties may waive personal jurisdiction, they cannot waive subject-matter jurisdiction.
What is the Grable test?
The Grable doctrine and its application in Bader Farms suggests that defendants seeking a way into federal court should look at whether a plaintiffs’ state-law claims require a state court to resolve inherently federal issues.
When can a federal judge retire?
age 65
Beginning at age 65, a judge may retire at his or her current salary or take senior status after performing 15 years of active service as an Article III judge (65+15 = 80).
What are pleading requirements?
2021 California Rules of Court (1) “Pleading” means a petition, complaint, application, objection, answer, response, notice, request for orders, statement of interest, report, or account filed in proceedings under the Family Code.
What cases fall under federal jurisdiction?
For the most part, federal court jurisdictions only hear cases in which the United States is a party, cases involving violations of the Constitution or federal law, crimes on federal land, and bankruptcy cases. Federal courts also hear cases based on state law that involve parties from different states.
Can a state court hear a diversity case?
It’s important to note that most diversity of citizenship cases (and many federal question cases) are instances of “concurrent jurisdiction.” This means that these cases can be brought in federal court or in state court.
What is Holmes creation test?
Holmes (Creation) Test: A suit arises under the law that creates the cause of action. American Well Works, 303. ▪ Exception: If federal statute creates cause of action, but the suit does NOT require interpretation of the. Constitution or laws of the United States.