Misc. exam prep

Question 1

Grable test

Answer 1

Determines subject matter juris for fed Q.
1. does state law claim necessarily raise a federal issue
2. that is actually disputed and substantial and
3. capable of resolution in federal court without disrupting balance between federal and state power?

Question 2

Mottley test

Answer 2

For fed Q subject matter jurisdiction, plaintiff’s claim must arise under federal law

Question 3

Two common proper venues

Answer 3

1. where the cause of action arose
2. district in which defendants live if defendants are all from the same state

Question 4

Forum non conveniens statute

Answer 4

28 USC s1404 allows court to transfer case to another, more convenient venue. Not a dismissal

Question 5

What choice of law rule do federal courts follow?

Answer 5

That of the state its located in

Question 6

Relation back for parties?

Answer 6

R15c:
1. tortfeasor knows or should know of suit,
2. knows/should know they would be named but for a mistake
3. learned of this before time allowed under 4m life of the summons

Question 7

Supplemental jurisdiction

Answer 7

Claims arising out of the same case or controversy without original federal jurisdiction.

Question 8

When can courts reject supplemental jurisdiction?

Answer 8

When federal claims are dismissed, and only state claims remain. When state law claim predominates, when claim requires interpretation of new or complex state law, etc.

Question 9

Rule 18 joinder

Answer 9

Parties can add unrelated claims, but they must have original jurisdiction.