wtf. wuts diff. btwn "arising under" a fed law vs. substanti

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sangr
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wtf. wuts diff. btwn "arising under" a fed law vs. substanti

Postby sangr » Tue Nov 06, 2012 9:24 pm

hi guys

so im doin fed question and im a bit confused between the distinction of cause of action arising under versus fed question merely being a substantial part (or is it element?)


so in bright P "artfully plead" so that he would be in state court b/c his breach of contract claim came from the employers withholding salary based on federal taxes which violate internal tax code (or wutever its called)

ok...so wouldnt the BASE of the claim actually be "Breach of contract" (state tort)? so why is the court hating on P for taking it to state court?

isnt this situation where a state claim (breach of contract) hinges on a federal law question (did D violate tax code)

so whys the court saying P is bein a weasel and trickin everyone?

i get that in order to interpret the state claim the federal claim must be NECESSARILY ANSWERED. is that why? but i thought that did not matter in deciding whether the cause of action arises under federal law...isnt this a case of merely a state cause of action hinging on interpretation of fed law?

thx bruhh

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Raiden
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Re: wtf. wuts diff. btwn "arising under" a fed law vs. substanti

Postby Raiden » Wed Nov 07, 2012 1:24 am

I don't know if I entirely understand your question but I'll give it a shot.

Under Article III - the cause of action "arises under" federal law whenever there is a potential federal ingredient

Under § 1331 - the district court can view the case when there is an actual federal ingredient

So under §1331, you have to first satisfty the Creation test and then the Essential Federal ingredients test (which substantial is an element)

By substantial, we mean it is something which inherently calls for the aid of the federal government.

Hope that helps

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MrSparkle
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Re: wtf. wuts diff. btwn "arising under" a fed law vs. substanti

Postby MrSparkle » Wed Nov 07, 2012 1:29 am

No idea what case you're talking about, I don't think I have that one. What is the name of it?

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LeDique
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Re: wtf. wuts diff. btwn "arising under" a fed law vs. substanti

Postby LeDique » Wed Nov 07, 2012 2:26 am

MrSparkle wrote:No idea what case you're talking about, I don't think I have that one. What is the name of it?


It's Grable & Sons.

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SemperLegal
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Re: wtf. wuts diff. btwn "arising under" a fed law vs. substanti

Postby SemperLegal » Wed Nov 07, 2012 3:40 am

LeDique wrote:
MrSparkle wrote:No idea what case you're talking about, I don't think I have that one. What is the name of it?


It's Grable & Sons.


If so, horrible explanation of facts. That was a tax foreclosure/state process case. However, assuming that what OP meant, no one was weaseling, but the SCOTUS thought that the case should be in fed. court since.

1. Constitutionally it could be since it had a federal ingredient
2. It was a big federal interest that deserved the solicitude of federal court (Dealt with how the IRS collects tax money)
3. Congress did not foreclose the idea of "their" courts spending resources on the issue, and
4. Taking the case was not likely to greatly increase the federal docket (federal issue that could be solved once and for all)

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LeDique
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Re: wtf. wuts diff. btwn "arising under" a fed law vs. substanti

Postby LeDique » Wed Nov 07, 2012 10:39 am

SemperLegal wrote:
LeDique wrote:
MrSparkle wrote:No idea what case you're talking about, I don't think I have that one. What is the name of it?


It's Grable & Sons.


If so, horrible explanation of facts. That was a tax foreclosure/state process case. However, assuming that what OP meant, no one was weaseling, but the SCOTUS thought that the case should be in fed. court since.

1. Constitutionally it could be since it had a federal ingredient
2. It was a big federal interest that deserved the solicitude of federal court (Dealt with how the IRS collects tax money)
3. Congress did not foreclose the idea of "their" courts spending resources on the issue, and
4. Taking the case was not likely to greatly increase the federal docket (federal issue that could be solved once and for all)


I don't think what he was describing was actually Grable & Sons, just based it on it. Should have been clearer.




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