28 u.s.c. section 1331. 28 U.S. Code § 2201 - Creation of remedy. In a case of ...

However, you can use a different law, 28 U.S.C. § 1331,

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 . 19 U.S. Code § 1331 - General powers. appoint and fix the compensation of such employees of the Commission as he deems necessary (other than the personal staff of each commissioner), including the secretary, procure the services of experts and consultants in accordance with the provisions of section 3109 of title 5, and.28 U.S.C. 1331 - Federal question This is the most recent version available on this website. Learn more about the U.S. Code. Summary Document in Context Publication Title United States Code, 2018 Edition, Supplement 3, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE Category Bills and Statutes Collection United States Code SuDoc Class Number Y 1.2/5:Words in section 227 of title 28, U.S.C., 1940 ed., "and sections 346 and 347 of this title shall apply to such cases in the circuit courts of appeals as to other cases therein," at the end of the first sentence of section 227 of title 28, U.S.C., 1940 ed., were deleted as fully covered by section 1254 of this title, applicable to any case in a ...Section 1983 does not allow you to sue federal officials. However, you can use a different law, 28 U.S.C. § 1331, to challenge violations of your constitutional rights by federal officials.7 Section 1331 provides federal courts the power to hear civil claims involving the Constitution or federal laws, and these claims can includeThis section rearranges and restates the fourth sen-tence of section 41(1) of title 28, U.S.C., 1940 ed. Other 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 ofhave original jurisdiction,” 28 U.S.C. 1441(a), including cases “arising under the Constitution, laws, or treaties of the United States,” 28 U.S.C. 1331. Congress has added specialized removal provisions over the years. For example, the civil-rights removal statute, 28 U.S.C. 1443, authorizes removal by threeAbstract. 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 ... In United States law, federal question jurisdiction is a type of subject-matter jurisdiction that gives United States federal courts the power to hear civil cases where the plaintiff alleges a violation of the United States Constitution, federal law, or a treaty to which the United States is a party. The federal question jurisdiction statute is codified at 28 …(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.Abstract. 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 ... Citation: 28 U.S.C. § 2201 (2021) Section Name §2201. Creation of remedy: Section Text (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 …Title 28; PART IV; CHAPTER 85 § 1330; Quick search by citation: Title. Section. Go! 28 U.S. Code § 1330 - Actions against foreign states . ... where service has been made under section 1608 of this title. (c) For purposes of subsection (b), an appearance by a foreign state does not confer personal jurisdiction with respect to any claim for relief not …With respect to removal pursuant to 28 U.S.C. §1441(a), 28 U.S.C. §1446 sets forth procedures very similar to those contained in Bankruptcy Rule 9027. 28 U.S.C. §§1446(a) and (d) provide as follows: (a) Generally. – A defendant or defendants desiring to remove any civil action or criminal prosecution from a State court shallMar 2, 2017 · While there are many avenues for removal, see, e.g., 28 U.S.C. §§ 1442, 1443, 1444, and 1446, the most common bases for removal are pursuant to the federal court’s jurisdiction provided through either 28 U.S.C. section 1331 or 1332. This article focuses on jurisdiction provided by sections 1331 and 1332. 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.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 entitled ... Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1342, 1354, and 1359 of this title. Words “civil actions, suits or proceedings” were substituted for “suits of a civil nature, at common law or in equity” in view of Rules 2 and 81(a)(7) of the Federal Rules of Civil Procedure.28 U.S. Code § 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.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 Su-preme Court.§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.Section. Go! 28 U.S. Code § 1349 - Corporation organized under federal law as party . ... Based on title 28, U.S.C., 1940 ed., § 42 (Feb. 13, 1925, ch. 229, § 12, 43 Stat. 941). Words “civil action” were substituted for “action or suit,” in view of Rule 2 of the Federal Rules of Civil Procedure.the meaning of section 1331 of this title), and §1441 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE Page 370 (B) a claim not within the original or supple-mental jurisdiction of the district court or a claim that has been made nonremovable by statute, ... 71 and 114 of title 28, U.S.C., 1940 ed., and is intended to resolve ambiguities and conflicts of decisions.7 Section 1331 provides federal courts the power to hear civil claims involving the Constitution or federal laws, and these claims can include lawsuits against ...Amendments. 2002—First par. Pub. L. 107–273 inserted “, or any part thereof” after “as to any one or more counts”. 1994—Second par. Pub. L. 103–322 substituted “order of a district court” for “order of a district courts”. 1986—Fifth par. Pub. L. 99–646 struck out fifth par. which read as follows: “Pending the prosecution and determination of the appeal in the ...CITE AS: 28 USC 1331. § 1332. Diversity of citizenship; amount in controversy; costs. (a) The district courts shall have original jurisdiction of all civil actions where the matter in …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. Statutory Notes and Related Subsidiaries Effective Date of 1979 AmendmentSection 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.Other provisions of section 41(1) of title 28, U.S.C., 1940 ed., are incorporated in sections 1331, 1332, 1341, 1342, 1354, and 1359 of this title. Words “civil actions, suits or proceedings” were substituted for “suits of a civil nature, at common law or in equity” in view of Rules 2 and 81(a)(7) of the Federal Rules of Civil Procedure. 28 USC § 1331 - District courts have jurisdiction over federal question cases. 28 USC § 1340 - District courts have original jurisdiction of any civil action arising under the internal revenue laws. ... Section 11071(b)(1) of P.L. 115-97 (referred to as the Tax Cuts & Jobs Act or TCJA) changed a 9-month period to 2-years for both levies and ...(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 …Title 5 U.S.C., Sec. 556 and 558(b); "The proponent of the rule has the burden of proof." Title 5 U.S.C., Sec. 556(d); (1) "Jurisdiction can be challenged at any time, even on final determination." Basso V. Utah Power & Light Co., 495 2nd 906 at 910. (g) When Jurisdiction challenges the act of Federal or State official as being illegal, that ...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 U.S.C. § 1331. Thus, the Court held that Section 27's jurisdictional test follows the standard for Section 1331, whereby federal jurisdiction over a ...Mar 2, 2017 · While there are many avenues for removal, see, e.g., 28 U.S.C. §§ 1442, 1443, 1444, and 1446, the most common bases for removal are pursuant to the federal court’s jurisdiction provided through either 28 U.S.C. section 1331 or 1332. This article focuses on jurisdiction provided by sections 1331 and 1332. (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 ...Based on title 28, U.S.C., 1940 ed., ... 1978—Pub. L. 95–598 directed the general amendment of section to relate to bankruptcy appeals, 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. Statutory Notes and Related …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 assumptions ...(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.(b) 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 ...Citation: 28 U.S.C. § 1441 (2017) Section Name §1441. Removal of civil actions: Section Text (a) Generally.—Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or the defendants, to the district court of the United States for the ...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'."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'." 28 U.S. Code § 1390 - Scope. (a) Venue Defined.—. As used in this chapter, the term “ venue ” refers to the geographic specification of the proper court or courts for the litigation of a civil action that is within the subject-matter jurisdiction of the district courts in general, and does not refer to any grant or restriction of subject ...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 …28 U.S.C. § 1343 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 1343. Civil rights and elective franchise. ... To recover damages from any person who fails to prevent or to aid in preventing any wrongs mentioned in section 1985 of Title 42 which he had knowledge were about to occur and power to prevent; (3) To …Section 8 houses for lease can offer a great opportunity for those who need affordable housing. However, finding the right one can be challenging. In this article, we will explore some tips on how to find the best Section 8 houses for lease...Based on title 28, U.S.C., 1940 ed., § 394 (Mar. 3, 1911, ch. 231, ... The revised section and section 2071 of this title effect no change in the procedure of the Tax Court before which certain accountants may be admitted as counsel for litigants under Rule 2 of the Tax Court.12. This Honorable District Court has jurisdiction of this case pursuant to 28 USC Section 1331 as "The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the United States." 13. Venue is proper pursuant to 28 USC 1391 (c) (1) because Plaintiff is a resident of theA federal defense is not enough to meet statutory requirements for federal question jurisdiction. c. "Well-pleaded complaint"limitation for 28 USC § 1331. i. Court can only look at plaintiff's claim, not potential defenses. ii. Plaintiffs cause of action here is state law breach of contract. Limits on SMJ.1978—Pub. L. 95–598 directed the general amendment of section to relate to bankruptcy appeals, 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. 14. Id. at 531-32. It should be noted at this point that an action brought under section 1343(3) is not subject to the amount-in-controversy provision of federal jurisdiction, 28 U.S.C. § 1331 (1970). This was stated in the Act of March 3, 1911, ch. 231, 36 Stat. 1087, 1091. 28 U.S.C. 1331 - Federal question This is the most recent version available on this website. Learn more about the U.S. Code. Summary Document in Context Publication Title United States Code, 2018 Edition, Supplement 3, Title 28 - JUDICIARY AND JUDICIAL PROCEDURE Category Bills and Statutes Collection United States Code SuDoc Class Number Y 1.2/5:A provision in section 41(20) of title 28, U.S.C., 1940 ed., that disabilities other than those specifically mentioned should not prevent any action from being barred was omitted as superfluous. Subsection (b) of the revised section simplifies and restates said section 942 of title 28, U.S.C., 1940 ed., without change of substance.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 conformity with recommendations of members of the Judicial Conference of the United ...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.Sep 22, 2023 · Current through P.L. 118-14 (published on www.congress.gov on 09/22/2023) Section 1441 - Removal of civil actions. (a) GENERALLY.-Except as otherwise expressly provided by Act of Congress, any civil action brought in a State court of which the district courts of the United States have original jurisdiction, may be removed by the defendant or ... Abstract. 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 ...(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 ...Sep 22, 2023 · (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. See ... 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 sections.) Jurisdiction conferred by other sections of this chapter, except section 1335, is not dependent upon diversity of citizenship.Pub. L. 96–170, §3, Dec. 29, 1979, 93 Stat. 1284, provided that: "The amendments made by this Act [amending this section and section 1983 of Title 42, The Public Health and Welfare] shall apply with respect to any deprivation of rights, privileges, or immunities secured by the Constitution and laws occurring after the date of the enactment ... This section restates the last sentence of section 41(1) of title 28, U.S.C., 1940 ed. 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.. 28 U.S.C. § 1331. Download. PDF. Current through P.L. 118-14 28 U.S.C. § 1332 (a) grants the federal district courts original 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. Editorial Notes AMENDMENTS 1980—Pub. L. 96-486 struck out ''; amount in con-troversy; costs'' in section catchline, struck out min-2012—Pub. L. 112–226, § 2(b), Dec. 28, 2012, 126 Stat. 1606, added item 1260. ... This section shall not be construed to amend historical references to courts or judicial offices which have no present or future application to such courts or offices.” ... Except when express provision therefor is otherwise 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 ... Section 1331, Title 28 of the United Stat...

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