MLchartDataset catalogue

Holmes rule

Term · Law · MLC-T-LAW-002441

A rule of federal question jurisdiction, drawn from Justice Holmes's opinion in the 1916 case American Well Works against Layne and Bowler, that a suit arises under the law that creates the cause of action. A claim created by state law therefore does not arise under federal law, even when it turns on a federal question. The rule has exceptions, such as state-law claims that necessarily raise a substantial federal issue.

Table 1. Record
IdentifierMLC-T-LAW-002441
FieldLaw
Record as JSON 
{
  "id": "MLC-T-LAW-002441",
  "term": "Holmes rule",
  "field": "Law",
  "term_source": "Holmes Rule",
  "definition": "A rule of federal question jurisdiction, drawn from Justice Holmes's opinion in the 1916 case American Well Works against Layne and Bowler, that a suit arises under the law that creates the cause of action. A claim created by state law therefore does not arise under federal law, even when it turns on a federal question. The rule has exceptions, such as state-law claims that necessarily raise a substantial federal issue.",
  "url": "https://mlchart.com/terminology/law/holmes-rule/"
}

Record 2,358 of 5,441 in Law terminology (MLC-0107). Request the full dataset.