28 usc section 1331.

However, you can use a different law, 28 U.S.C. § 1331, to challenge violations of your constitutional rights by federal officials.7Section 1331 provides federal courts the power to …(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 section corrects typographical errors in section 1346(a)(1) of title 28, U.S.C., and in section 1346(b) of such title. References in Text. The internal-revenue laws, referred to in subsec. (a)(1), are classified generally to Title 26, Internal Revenue Code. Sections 8(g)(1) and 10(a)(1) of the Contract Disputes Act of 1978, referred to in ...

Citation: 28 U.S.C. § 1441 (2021) 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 …§1331. Reference to chapter 1223. 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.) Editorial NotesSec. 2. (a) That chapter 85 of title 28, United States Code! is amended by inserting immediately before section 1331 the following new section:"? 1330. Actions against foreign states 28 USC 1330. "(a) The district courts shall have original jurisdiction without Jurisdiction, regard to amount in controversy of any nonjury civil action against a

§1331. Federal question ... The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the ...

However, instead of submitting to the agencies well-establishedinternal administrative enforcement processes, the petitioners challenged the authority of the agencies to utilize these procedures because there were serious concerns that these processes were unconstitutional; a federal statute, 28 USC Section 1331, provides that federal district ...28 USC 1333: Admiralty, maritime and prize cases Text contains those laws in effect on January 4, 1995. ... Provisions of section 41(3) of title 28, U.S.C., 1940 ed., based on the 1917 and 1922 amendments, relating to remedies under State workmen's compensation laws, were deleted. Such amendments were held unconstitutional by the Supreme Court.Read this complete 28 U.S.C. § 1338 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 1338. Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition on WestlawRead this complete 28 U.S.C. § 1338 - U.S. Code - Unannotated Title 28. Judiciary and Judicial Procedure § 1338. Patents, plant variety protection, copyrights, mask works, designs, trademarks, and unfair competition on WestlawOther 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.

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 ...

(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 substantial part ...

Searchable text of the 43 USC 1331 - Definitions (US Code), including Notes, Amendments, ... all submerged lands lying seaward and outside of the area of lands beneath navigable waters as defined in section 1301 of this title, ... as required by section 2112 of title 28. Specific objections to the action of the Secretary shall be considered by ...Contained Within. Title 28 - JUDICIARY AND JUDICIAL PROCEDURE. PART IV - JURISDICTION AND VENUE. CHAPTER 85 - DISTRICT COURTS; JURISDICTION. Sec. 1331 - Federal question. 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 …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 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.The district courts shall have original jurisdiction without regard to amount in controversy of any nonjury civil action against a foreign state as defined in section 1603(a) of this title as to any claim for relief in personam with respect to which the foreign state is not entitled to immunity either under sections 1605–1607 of this title or under any applicable international agreement.

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.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 Amendment28 U.S.C. United States Code, 2020 Edition Title 28 - JUDICIARY AND JUDICIAL PROCEDURE PART I - ORGANIZATION OF COURTS CHAPTER 1 - SUPREME COURT ... 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 ...... 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 ...The 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 ...

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."'and as defined under TITLE 28— JUDICIARY AND JUDICIAL PROCEDURE. The Sovereign Immunities Act (FSIA) of 1976 is a United States law, codified at Title 28 §§§ 1330, 1332, 1391, 1441(d) and 1602-1611, and is being jurisdictionally challenged, and "full disclosure" of the "true" jurisdiction of the State Trial Court has been asked but has stayed

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 …(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.1978—Pub. L. 95–598, title II, § 238(b), Nov. 6, 1978, 92 Stat. 2668, directed the substitution of “Bankruptcy appeals” for “Bankruptcy matters and proceedings” in item 1334, 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 ... (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, 1332, 1341, 1342, 1345, and 1354 of this title. Provisions of section 80 of title 28, U.S.C., 1940 ed., for payment of costs upon dismissal of an action for lack of jurisdiction are incorporated in section 1919 of this title.(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.

Jan 1, 2018 · The removal of an action under this subsection shall be made in accordance with section 1446 of this title, except that a notice of removal may also be filed before trial of the action in State court within 30 days after the date on which the defendant first becomes a party to an action under section 1369 in a United States district court that arises from the same accident as the action in ...

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: 2011: Laws in Effect as of Date: January 3, 2012: Positive Law: Yes: Disposition: standard: Source ...

May 3, 2016 · 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. Section 1331 - Congressional declaration of policy and purpose. It is the policy of the Congress, and the purpose of this chapter, to establish a comprehensive Federal Program to deal with cigarette labeling and advertising with respect to any relationship between smoking and health, whereby- (1) the public may be adequately …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 ...Section 1343’s grant of federal court jurisdiction is not exclusive, meaning that plaintiffs may also elect to bring claims under Section 1983 in state court. See, e.g., Maine v. Thiboutot, 448 U.S. 1 (1980). Jump to essay-18 Act of March 3, 1875, § 1, 18 Stat. 470 (codified at 28 U.S.C. § 1331 (a)). The 1875 act also allowed either party ... 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 ofPage 369 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE §1441 1So in original. Does not conform to section catchline. AMENDMENTS 2005—Pub. L. 109–8 amended section generally. Prior ... the meaning of section 1331 of this title), and §1441 TITLE 28—JUDICIARY AND JUDICIAL PROCEDURE Page 370 (B) a claim not within the …(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.However, instead of submitting to the agencies well-establishedinternal administrative enforcement processes, the petitioners challenged the authority of the agencies to utilize these procedures because there were serious concerns that these processes were unconstitutional; a federal statute, 28 USC Section 1331, provides that federal district ...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 ...Plaintiffs frequently rely on Section 1343 to bring suits in federal court under 42 U.S.C. ... 470 (codified at 28 U.S.C. § 1331(a)). The 1875 act also allowed ...

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. 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 ... 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; (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. Instagram:https://instagram. bowser johnson funeral home topeka ks153 avenue cis a sweatshirt business casualbella.may leaks U.S. Code. Notes. § 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. obscurely unclearly crossword cluewilliam adams §1331. Federal question ... The district courts shall have original jurisdiction of all civil actions arising under the Constitution, laws, or treaties of the ... craigslist wayne mi 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: 2021: Laws In Effect As Of Date: January 3, 2022: Positive Law: Yes: Disposition: standard ...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. (June 25, 1948, ch. 646, 62 Stat. 930; Pub. L. 85–554, § 1, July 25, 1958, 72 Stat. 415; Pub. L. 94–574, § 2, Oct. 21, 1976, 90 Stat. 2721; Pub. L. 96 ... 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".