Civ Pro

Question 1

Supplemental Jdx Dist. Ct Discretion

Answer 1

Dist, Ct has discretion to decline exercise of supp. jdx for
1. supplemental claim raises a novel/complex issue of state law;
2. supplemental claim subst’lly predominates over claims within original federaln jdx;
3. all of the claims w/in the ct’s original jdx have been dismissed; or
4. in exceptional circumstances, if there are other compelling reasons for declining jdx

Question 2

Supplemental Jdx def

Answer 2

Additional claims must be so related to the original claim that the additional claims form part of the same CASE OR CONTROVERSY under Art. III of the U.S. Const’n

Common nucleus of operative fact test

Question 3

Intervention as of right

Answer 3

Nonparty has right to intervene upon timely motion when

1. nonparty has an interest in the subject matter of the action
2. disposition may impair nonparty’s interests; and
3. nonparty’s interest is not adequately represented by the existing parties

Question 4

TRO def.

Answer 4

preserves the STATUS QUO of the parties until there is an opportunity to hold a full hearing on whether to grant preliminary injunction