SMJ - Supplemental Jurisdiction Flashcards

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1
Q

In General

A

federal courts with jurisdiction may exercise supplemental jurisdiction over additional claims which the court would not independently have subject matter jurisdiction, but that arise out of a “common nucleus of operative facts” such that all claims should be tried in a single judicial proceeding

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2
Q

Federal Question

A

additional claims against the same party can be heard through supplemental jurisdiction is common nucleus of operative facts test is met

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3
Q

Diversity Jurisdiction - Permissive Joinder

A

addition of a plaintiff asserting additional claim cannot violate complete diversity rule (and not required to satisfy jurisdictional amount)

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4
Q

Diversity Jurisdiction - Counterclaims

A

compulsory counterclaims (a claim arising out of the same transaction or occurrence as the plaintiff’s claim) need not satisfy jurisdictional amount,

but permissive counterclaims ( claim arising out of a transaction that is unrelated to the plaintiff’s claim) must satisfy both diversity jurisdiction requirements

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5
Q

Diversity Jurisdiction - Cross-Claim

A

may be asserted by a defendant against another defendant, or by a plaintiff against another plaintiff if the cross-claim arises out of the same transaction or occurrence as the initial claim

no amount in controversy or citizenship requirement if the court has subject matter jurisdiction over the original complaint

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