Do I need to include references to federal laws into complaint to show federal jurisdiction?

Question

The complaint is a civil action against federal agency

Answer 1

You need to show a basis for federal jurisdiction in order to get/keep your case in federal court. Referring to federal statutes is one option. You can also cite to the U.S. Constitution. If you cite a statute that does not actually apply, this claim will probably get dismissed later. Under the state action doctrine, you have a strong argument for keeping a case against a federal agency in federal court, especially if you can claim some sort of constitutional right infringement.

There are, incidentally, better sources of information for stuff like this...try the Nolo press, or findlaw.com.

Answer 2

Actually, you should begin your complaint with a statement of jurisdiction. So yes, you need to do so. Your complaint should be specific, include the charges, under which statutes, and state enough facts in the complaint to establish a cause of action under those statutes.

Answer 3

Yes. Federal question jurisdiction in federal court arises from violation of federal statutory rights or constitutional rights.

So, when alleging federal jurisdiction, you need to set forth the federal statute or constitutional provision that was violated.

Answer 4

yes you must with specific, state the law, and outline each element of the cause of action to the facts

Answer 5

because of the fact the Fed isn't private (that is self sufficient--this is diverse) your question would not make experience. You your self admit that it became created via an act of Congress. clarify how something created via Congress, that should be dissolved via Congress, that has a board appointed via the President and shown via the Senate is finally "private"--are you able to discover even one private organization the place this is real? because of the fact it became created via regulation, please instruct the place interior the regulation it says that that is private.

Answer 6

how about attorney