Supplemental Jurisdiction

Question 1

Supplemental Jurisdiction (concept)

Answer 1

if p asserts a non qualifying clam in conjunction with a separate claim that does fall in with the original jurisdiction of the federal courts it is possible that a federal court will be able to assert supplemental jurisdiction over the non-qualifying claim based on their ability to piggyback on the claims that do qualify for federal jurisdiction

Question 2

28 USC 1367 A (supplemental jurisdiction)

Answer 2

except as provided in subsections b and c or as expressly provided otherwise by federal statute in any civil action of which the district courts have original jurisdiction the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jdx that they form part of the same case or controversy under Article 3 of the us constitution. Such supplemental that involve the joinder or intervention of additional parties
Gibbs standard (the state and federal claims must derive from a common nucleus of operative fact)

Question 3

28 USC 1367 B (supplemental jurisdiction)

Answer 3

• is the “it” claim based on Federal Question JDX - yes? stop here no? answer b
• applies ONLY in diversity cases - not federal question
• only kills supplemental jurisdiction over certain claims by p
• is the wannabe claim made by
  claims by p only against a party joined under rule
  14 (third party claims where complete diversity does not exist)
  19 (indispensable - Mr. Absent - if p knows a required party should have been joined as a d but was a citizen of same state as p)
  20 (permissive joinder - when a p originally sets up a suit and wants to have multiple p or sue multiple d but the second claim does not reach the 75000 dollar rule (couldn’t be brought on its own))
  24 (intervention - nobody wants Mr. Absent in case but he wants to be in so he enters motion to be let in - if he is let in as d and is cit of same state as a or p and is same cit of same state as b - destroys complete diversity)
• claims by rule 19 plaintiffs required joinder p
• claims by p intervener
• unless any of these meet jurisdiction on their own
• if by d 1367 b does not effect

Question 4

28 USC 1367 C (supplemental jurisdiction)

Answer 4

remaining claims
- even if supplemental jdx exists the crt have discretion to decline jdx if the wannabe claim is
- a novel or complex issue of state law
- the claim substantially predominates over the claim or claims over which the district court has original jdx
- the district court has dismissed all claims over which it has original jurisdiction or
- in exceptional circumstances there are other compelling reasons for declining jurisdiction