What is federal-question jurisdiction and how is it determined from the complaint?

• A. It exists only when the federal government is a party.
• B. It exists when the plaintiff's claim arises under federal law and is determined by the face of the plaintiff's well-pleaded complaint.
• C. It exists whenever the defendant asserts a federal defense.
• D. It exists when the case involves a constitutional question in any form.

Answer: (B)

Federal-question jurisdiction means the federal courts have power to hear a case because the claim itself is created by or relies on federal law. The key test is where the federal question appears: it must be present on the face of the plaintiff’s well-pleaded complaint. If the claim itself rests on federal law—such as a federal statute, a federal constitutional right, or a treaty—and that federal issue is essential to the claim, the case falls within federal jurisdiction. Importantly, the federal question must be raised by the plaintiff’s own allegations; it cannot be created by anticipated defenses, counterclaims, or the defendant’s possible arguments. So a federal defense alone does not establish jurisdiction, and merely involving a constitutional issue is not enough unless the complaint itself asserts a federal claim under federal law.