Supplemental JDX

Question 1

Supplemental JDX allows a federal court, in its discretion,

Answer 1

To exercise JDX over a claim that it would otherwise not have SMJ over

Question 2

A court may exercise supplemental JDX when the claim

Answer 2

Arises from the same conduct of transaction

Question 3

If the original claim is based on federal question, the court can exercise supplemental JDX over

Answer 3

All claims arising out of the same transaction or occurrence as the federal claim

(Does not matter if new party destroys diversity)

Question 4

If the original claim is based on diversity, the court may exercise JDX over

Answer 4

1) All claims arising out the same transaction or occurrence as the original claim

2) that DO NOT destroy complete diversity citizenship

Question 5

If a court cannot exercise supplemental JDX over a claim then it must

Answer 5

independently satisfy SMJ requirements

Question 6

A compulsory counterclaim is a claim that

Answer 6

Arises out of the same transaction or occurrence as the original claim

Question 7

A court has supplemental JDX over a counterclaim, regardless of

Answer 7

the amount of that claim

Question 8

A permissive counterclaim is a claim

Answer 8

does not arise out of the same transaction or occurrence as the original claim

Question 9

A court does not have supplemental JDX over a permissive counterclaim. For the court to have JDX, over the permissive counterclaim

Answer 9

It must independently satisfy diversity jdx

1) Complete diversity
2) AIC

Question 10

Supplemental claims made by plaintiff’s only if

Answer 10

1) They are brought against a single D; and

2) No joinder rule is involved in making that D a party

Question 11

For a court to have supplemental JDX over a cross claim

Answer 11

It must arise out the same transaction and occurrence as the original claim and must not be asserted against a P made a party under rule 14,19, 20, 24

Question 12

Supplemental claims made by plaintiff’s only if

Answer 12

1) They are brought against a single D; and

2) No joinder rule is involved in making that D a party

Question 12

If the claim of one diverse P satisfies the AIC, the other diverse P’s who have related claims against a single D can

Answer 12

sue even if their claims do not satisfy the the AIC because the single D has not been made a party by rules 14,19,20,24

Question 13

Claims by P against a 3rd party D

Answer 13

Do not come within the courts supplemental JDX, those claims need independent SMJ