§ 1331. — Federal question.
[Laws in effect as of January 24, 2002]
[Document not affected by Public Laws enacted between
January 24, 2002 and December 19, 2002]
[CITE: 28USC1331]
TITLE 28--JUDICIARY AND JUDICIAL PROCEDURE
PART IV--JURISDICTION AND VENUE
CHAPTER 85--DISTRICT COURTS; JURISDICTION
Sec. 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, Sec. 1, July 25,
1958, 72 Stat. 415; Pub. L. 94-574, Sec. 2, Oct. 21, 1976, 90 Stat.
2721; Pub. L. 96-486, Sec. 2(a), Dec. 1, 1980, 94 Stat. 2369.)
Historical and Revision Notes
Based on title 28, U.S.C., 1940 ed., Sec. 41(1) (Mar. 3, 1911, ch.
231, Sec. 24, par. 1, 36 Stat. 1091; May 14, 1934, ch. 283, Sec. 1, 48
Stat. 775; Aug. 21, 1937, ch. 726, Sec. 1, 50 Stat. 738; Apr. 20, 1940,
ch. 117, 54 Stat. 143).
Jurisdiction of federal questions arising under other sections of
this chapter is not dependent upon the amount in controversy. (See
annotations under former section 41 of title 28, U.S.C.A., and 35
C.J.S., p. 833 et seq., Secs. 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 construction of provision relating to
jurisdictional amount requirement in cases involving a Federal question
in United States v. Sayward, 16 S.Ct. 371, 160 U.S. 493, 40 L.Ed. 508;
Fishback v. Western Union Tel. Co., 16 S.Ct. 506, 161 U.S. 96, 40 L.Ed.
630; and Halt v. Indiana Manufacturing Co., 1900, 20 S.Ct. 272, 176 U.S.
68, 44 L.Ed. 374.
Words ``all civil actions'' were substituted for ``all suits of a
civil nature, at common law or in equity'' to conform with Rule 2 of the
Federal Rules of Civil Procedure.
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.
Amendments
1980--Pub. L. 96-486 struck out ``; amount in controversy; costs''
in section catchline, struck out minimum amount in controversy
requirement of $10,000 for original jurisdiction in federal question
cases which necessitated striking the exception to such required minimum
amount that authorized original jurisdiction in actions brought against
the United States, any agency thereof, or any officer or employee
thereof in an official capacity, struck out provision authorizing the
district court except where express provision therefore was made in a
federal statute to deny costs to a plaintiff and in fact impose such
costs upon such plaintiff where plaintiff was adjudged to be entitled to
recover less than the required amount in controversy, computed without
regard to set-off or counterclaim and exclusive of interests and costs,
and struck out existing subsection designations.
1976--Subsec. (a). Pub. L. 94-574 struck out $10,000 jurisdictional
amount where action is brought against the United States, any agency
thereof, or any officer or employee thereof in his official capacity.
1958--Pub. L. 85-554 included costs in section catchline, designated
existing provisions as subsec. (a), substituted ``$10,000'' for
``$3,000'', and added subsec. (b).
Effective Date of 1980 Amendment; Applicability
Section 4 of Pub. L. 96-486 provided: ``This Act [amending this
section and section 2072 of Title 15, Commerce and Trade, and enacting
provisions set out as a note under section 1 of this title] shall apply
to any civil action pending on the date of enactment of this Act [Dec.
1, 1980].''
Effective Date of 1958 Amendment
Section 3 of Pub. L. 85-554 provided that: ``This Act [amending this
section and sections 1332 and 1345 of this title] shall apply only in
the case of actions commenced after the date of the enactment of this
Act [July 25, 1958].''
Section Referred to in Other Sections
This section is referred to in section 1441 of this title; title 15
section 2064; title 21 section 1603; title 22 section 6082; title 25
sections 415, 416a; title 42 section 405; title 49 section 10709.
