Subject Matter Jurisdiction Flashcards
Definition of supplemental jurisdiction
SJ refers to the courts authority to hear a claim that does not otherwise have an independent basis for smj but is joined in a suit with a jurisdictionally sufficient claim
The two types of supplemental jurisdiction are ?
- Ancillary
2. Pendent
Ancillary jurisdiction
AJ allows a fed court to assert jurisdiction over claims brought by a defendant that arise from the transaction and occurrence as the action properly within the courts SMJ
Pendent Jurisdiction
PJ allows a PLAINTIFF who has sufficient Federal Question jurisdiction claim to join, in the original complaint related claims that otherwise would not have SMJ
(Look for state law claims brought in conjunction with federal claims of plaintiff )
What kind of counter claims can can a federal court sit on, and why?
Compulsory jurisdiction - because it rises from the same encounter and occurrence as the original action
How can a permissive counter claim be heard under supplemental jurisdiction ?
Can only be heard if it meets the diversity requirements .