SMJ - supplement jur Flashcards
what is itQ
gets a claim into a federla case even though the claims do not invoke DIV or FQ
every single claim must have federal SMJ, but if they do you can tack them on. E.g does each additional claim have DIV or FQ
but supplemental jur can get a claim into a federal case without it being DIV or FQ
how can you use supplemental jur
rule - if the claim shares a common nucleus of operative facts w/ the claim that invoked SMJ
test is alwys met whent eh claim arises from teh same TRANSACTION OR OCCURRENCE as the undelrying case
IMITATION - in DVI caes, CLAIMS BY PLAINTIFFS CANNOT INVOKE SUPPLEMENT JUR.
EXCEPTION
if there are mulitple Ps and the only reason that one P cannot get into federal court is because of dollar threshold you let it in
sumary of supplement jur
non-federal, non-div claim can be heard in federal court if it meets the “test” UNLESS it is:
- asserted by P
- in a DIV case (not FQ) AND
- multiple Ps and one of the P’s claims is below $75K
discretionary factors
fed court can decline supplemtn JUR if
- state law claim is complex or
- state law issues would predominate case
- fedearl law claim was dismissed early in the case