Notes on 28 U.S.C. § 1331 : US Code - Notes

Search Notes on 28 U.S.C. § 1331 : US Code - Notes

(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]."