Can federal-question jurisdiction arise from defenses or counterclaims?

• A. Yes, it can arise from defenses in the defendant's answer.
• B. Yes, it can arise from evidence presented at trial.
• C. No; it must appear on the face of the plaintiff's well-pleaded complaint.
• D. It arises whenever the plaintiff contends a federal issue exists, regardless of pleading.

Answer: (C)

Federal-question jurisdiction is determined by what the plaintiff alleges, not by defenses or evidence raised later. Under the well-pleaded complaint rule, a federal issue must appear on the face of the plaintiff’s properly pleaded complaint to support federal jurisdiction. Defenses in the defendant’s answer, evidence introduced at trial, or even a federal-question claim tucked into a counterclaim do not, by themselves, create original federal-question jurisdiction for the action as filed. The court looks at the plaintiff’s complaint first; if it presents a federal question, jurisdiction exists. If it does not, the case generally does not arise under federal law, even if a federal issue could arise in a defense or counterclaim.