Well-Pleaded Complaint Rule Wiki

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Federal question jurisdiction - Wikipedia

    https://en.wikipedia.org/wiki/Federal-question_jurisdiction
    In United States law, federal question jurisdiction is the subject-matter jurisdiction of United States federal courts to hear a civil case because the plaintiff has alleged a violation of the United States Constitution, federal law, or a treaty to which the United States is a party.

Federal Circuit The IT Law Wiki Fandom

    https://itlaw.wikia.org/wiki/Federal_Circuit
    The "well-pleaded complaint rule" provides that a federal district court's jurisdiction extends over "only those cases in which a well-pleaded complaint establishes either that federal law creates the cause of action or that the plaintiff's right to relief necessarily depends on resolution of a substantial question of federal law. . . ."

Well-pleaded Complaint Rule Legal Definition Merriam ...

    https://www.merriam-webster.com/legal/well-pleaded%20complaint%20rule
    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.

Well-Pleaded Complaint Law and Legal Definition USLegal ...

    https://definitions.uslegal.com/w/well-pleaded-complaint/
    Well-pleaded complaint refers to an original pleading that sets forth a claim of relief. The following are the grounds set forth in the claim: 1.Court’s jurisdiction; 2.the basis for the relief claimed; 3.a demand for judgment. In Bilal v.

Well-Pleaded Complaint Rule - FindLaw

    https://dictionary.findlaw.com/definition/well-pleaded-complaint-rule.html
    well-pleaded complaint rule n : 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 NOTE: The well-pleaded complaint rule is not satisfied by a defense based on federal law, including a defense of federal preemption, or by anticipation of such a defense in the complaint.

Mottley - Wikipedia

    https://en.wikipedia.org/wiki/Mottley
    Wendell Mottley (1941–), Trinidad & Tobago economist, politician, government official, athlete and Credit Suisse investment banker. Yale and Cambridge graduate. Represented Trinidad and Tobago at the 1964 Tokyo Olympics. Louisville & Nashville Railroad Co. v. Mottley. 1908 US Supreme Court case and source of the well pleaded complaint rule.

Well-Pleaded Complaint Rule legal definition - Quimbee

    https://www.quimbee.com/keyterms/well-pleaded-complaint-rule
    Well-Pleaded Complaint Rule. Definition. A rule in civil procedure stating that, in order for federal question jurisdiction to be granted, a plaintiff's "well-pleaded complaint" must state that the defendant directly violated some provision of the Constitution or federal law.

Federal Preemption, Removal Jurisdiction, and the Well ...

    https://chicagounbound.uchicago.edu/cgi/viewcontent.cgi?article=4380&context=uclrev
    pleaded complaint rule, neither a federal defense nor the plaintiff's anticipation of a federal defense in his complaint suffices to vest original jurisdiction in a federal court. 4 Arguing that federal pre-Author: Richard E. Levy

Federal Question Jurisdiction Wex US Law LII / Legal ...

    https://www.law.cornell.edu/wex/federal_question_jurisdiction
    Well-Pleaded Complaint Rule. Typically, in order to have federal question jurisdiction, the plaintiff's complaint must be a well-pleaded one. This means that the plaintiff's initial complaint must contain the references to the federal question and the federal issue evoked.

well–pleaded complaint rule - law.academic.ru

    https://law.academic.ru/68497/well%e2%80%93pleaded_complaint_rule
    well–pleaded complaint rule well–plead·ed complaint rule n : 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

Ashcroft v. Iqbal - Wikipedia

    https://en.wikipedia.org/wiki/Ashcroft_v._Iqbal
    Applying the test to the plaintiff's complaint, the Court held that Iqbal's pleadings did not comply with Rule 8 under Twombly. The Court found that several of his allegations (that petitioners agreed to subject him to harsh conditions as a matter of policy, solely on account of discriminatory factors and for no legitimate penological interest, that Ashcroft was that policy's "principal architect," and that Mueller was …

Motion to dismiss The IT Law Wiki Fandom

    https://itlaw.wikia.org/wiki/Motion_to_dismiss
    U.S. federal courts. A motion to dismiss under Federal Rules of Civil Procedure, Rule 12(b)(6) tests the legal sufficiency of the claims asserted in the complaint. A defendant may move to dismiss a cause of action if the plaintiff fails to state a claim upon which relief can be granted.

Counterclaims, the Well-Pleaded Complaint, and Federal ...

    http://scholarlycommons.law.hofstra.edu/cgi/viewcontent.cgi?article=2339&context=hlr
    Part III of the Article discusses the implication of the well-pleaded complaint rule on a federal court's original jurisdiction, removal jurisdiction, and exclusive federal jurisdiction over a federal law counterclaim. Part IV evaluates the policy implications of the well-pleaded complaint rule as applied to counterclaims.

Complaint

    https://enacademic.com/dic.nsf/enwiki/4202
    complaint — com·plaint n 1: the initial pleading that starts a lawsuit and that sets forth the allegations made by the plaintiff against the defendant and the plaintiff s demand for relief see also prayer, process, well pleaded complaint rule compare … Law dictionary. complaint — …

Subject Matter Jurisdiction: Federal Question Jurisdiction ...

    https://quizlet.com/53229413/subject-matter-jurisdiction-federal-question-jurisdiction-flash-cards/
    well-pleaded complaint rule -establishes when a case "arises under" federal law: analysis focused on the allegations in P's complaint if it had federal ingredient, not potential defenses the D might assert (can't base Fed Q J on anticipated defenses)

Civil Procedure Class Notes 10/13/03 - Mike Shecket

    http://lawschool.mikeshecket.com/civpro/10-13-03.htm
    The Well-Pleaded Complaint Rule talks only about the complaint. You could certainly criticize this rule on that basis: there might be cases with important questions of federal law that don’t come up …

The Well-Pleaded Complaint Rule and Jurisdiction over ...

    http://scholarlycommons.law.northwestern.edu/cgi/viewcontent.cgi?article=1098&context=njtip
    of the well-pleaded complaint rule that will allow the Federal Circuit to maintain appellate review of patent law counterclaims in some types of cases. To fundamentally solve the problem of patent lawnon-uniformity caused by . Holmes Group, this article proposes a legislative amendment to 28 U.S.C. § 1295 so that the Federal Circuit may

Civil Procedure Flashcards Quizlet

    https://quizlet.com/134787957/civil-procedure-flash-cards/
    Start studying Civil Procedure. Learn vocabulary, terms, and more with flashcards, games, and other study tools. Search. ... Well-Pleaded Complaint Rule: a case only arises under federal law if a federal issue appears on the face of the complaint. ... A complaint is sufficient if it shows any fact consistent with allegations, giving a ...



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