Multistate Bar Examination Practice Question

Under the well-pleaded complaint rule, when does a federal district court have subject-matter jurisdiction based on a federal question under 28 U.S.C. § 1331?

  • Whenever any party might raise a substantial federal issue during the litigation, regardless of what the complaint alleges.

  • Only when the complaint contains a federal claim and the amount in controversy exceeds $75,000.

  • When the defendant is expected to rely on a federal statute as a defense to the plaintiff's state-law claim.

  • When the plaintiff's properly pleaded complaint expressly asserts a cause of action created by federal law.

Multistate Bar Examination
Civil Procedure
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