28 usc section 1331
Amendments. 1995—Pub. L. 104–88 substituted “ Surface Transportation Board ’s” for “Interstate Commerce Commission’s” in section catchline and “ Surface Transportation Board ” for “Interstate Commerce Commission” wherever appearing in text. 1992—Subsec. (b). Pub. L. 102–572 substituted “ United States Court of Federal Claims ” for “United …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 predominant view holds that section 1331 doctrine both lacks a focus upon congressional intent and is internally inconsistent.
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28 USC 1331 - Federal question. Notes. 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, § …Section 166 of Pub. L. 97–164 provided that: “Notwithstanding the provisions of section 45(a) of title 28, United States Code, the first chief judge of the United States Court of Appeals for the Federal Circuit shall be the Chief Judge of the United States Court of Claims or the Chief Judge of the United States Court of Customs and Patent ... 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 ofThe district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.
28 USC 1331: Federal questionText contains those laws in effect on January 4, 1995. From Title 28-JUDICIARY AND JUDICIAL PROCEDUREPART IV-JURISDICTION AND …1957—Pub. L. 85–315 inserted “and elective franchise” in section catchline and added par. (4). 1954—Act Sept. 3, 1954, substituted “section 1985 of Title 42” for “section 47 of Title 8” wherever appearing. Section. Go! 28 U.S. Code § 1361 - Action to compel an officer of the United States to perform his duty . U.S. Code ; prev | next. The district courts shall have original jurisdiction of any action in the nature of mandamus to compel an officer or employee of the United States or any agency thereof to perform a duty owed to the plaintiff.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 ...28 U.S. Code § 1335 - Interpleader. Two or more adverse claimants, of diverse citizenship as defined in subsection (a) or (d) of section 1332 of this title, are claiming or may claim to be entitled to such money or property, or to any one or more of the benefits arising by virtue of any note, bond, certificate, policy or other instrument, or ...
Section consolidates certain provisions of sections 41(3), 371(3) and 371(4) of title 28, U.S.C., 1940 ed. Other provisions of sections 41(3) and 371(4), relating to seizures, are incorporated in section 1356 of this title .The federal district court denied plaintiff’s attempt to remand to state court on two grounds. First, pursuant to the general federal question jurisdiction statute, 28 U.S.C. § 1331, the case was deemed a “civil action [] arising under” federal law. Second, based on the Act’s Section 27 specific jurisdictional provision, the federal ...…
Reader Q&A - also see RECOMMENDED ARTICLES & FAQs. (1) In general.--A civil action in which a defendant is an officer o. Possible cause: United States Code: SuDoc Class Number: Y 1.2...
§1331. Federal question. The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States.28 USC 1361: Action to compel an officer of the United States to perform his duty 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; JURISDICTION. Jump To: Source CreditIn addition to granting jurisdiction over suits brought after the date of enactment of this Act [July 23, 1970], the provisions of this Act [amending this section and section 1491 of this title and section 724a of former Title 31, Money and Finance] shall also apply to claims and civil actions dismissed before or pending on the date of enactment of this Act if the claim or civil action is ...
Provisions of section 344 of title 28, U.S.C., 1940 ed., relating to procedure for review of decisions of State courts are incorporated in section 2103 of this title. Other provisions of such section 344 of title 28, U.S.C., 1940 ed., are incorporated in section 2106 of this title. The revised section applies in both civil and criminal cases.(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.
pdx elite town car Although the language of Section 1331 is similar to the constitutional text authorizing the grant of federal question jurisdiction, the Supreme Court has held that the statutory grant of jurisdiction in Section 1331 is narrower than the full authority Congress might choose to confer consistent with the constitutional authorization. 11 Footnote women's prison topeka kscummins 2554 code 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 ... why is voice important in writing 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. Amendments. 1949—Subd. (1). Act May 24, 1949, substituted “suitors” for “libellant or petitioner”.See, also, reviser's note under section 1331 of this title.) As to citizenship of bank where jurisdiction depends upon diversity of citizenship, ... "The amendment made by this Act to section 1332(c), title 28, United States Code, applies only to causes of action arising after the date of enactment of this Act [Aug. 14, 1964]." lawrence lawrence kswhat time does ku play on saturdaywgu transfer credits sophia Section consolidates section 41(7) with section 371 (5) of title 28, U.S.C., 1940 ed., with necessary changes in phraseology. Words “of any civil action” were substituted for “all suits at law or in equity” and “cases” to conform section to Rule 2 of the Federal Rules of Civil Procedure. purple leaf 12x20 gazebo (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 … how to get a job with a sports teamlandscaping jobsclicker heros unblocked §1331. Federal question ... The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the ...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