Supplemental Jurisdiction Flashcards
1
Q
Supplemental Jurisdiction - Basic Idea
A
- form of SMJ that gets claims into federal ct even though they can’t use div jur or fed q SMJ
- keep in mind fed ct still needs to have SMJ over every single claim in the case, this is just a special way of getting SMJ
2
Q
Starting Point for Supp Jur
A
- need a case that’s already in fed ct based on div jur or fed q
3
Q
Core Q’s for Evaluating Supp Jur
A
1 - check for div jur or fed q jur over the additional claim
2 - check for supp jur if no div or fed q
4
Q
Exam Tip Re Supp Jur
A
- MAKE SURE YOU FIRST EVAL FED Q AND DIV JUR FOR ESSAYS -> important to make clear to grader you know this doesn’t apply unless the two independent bases for SMJ can’t be invoked
5
Q
Steps for Evaluating Supplemental Jurisdiction
A
- common nucleus test
- limitation on use of supplemental jurisdiction in diversity cases
6
Q
Common Nucleus Test
A
- claim that you want to get into fed ct must have a “common nucleus of operative fact” with the claim that satisfied fed SMJ
- always met when claim arises from the same transaction or occurrence, but it’s ultimately broader than that too
7
Q
Limitation on Use of Supplemental Jurisdiction in Diversity Cases
A
- applies only in cases that got into fed ct through diver jur (NOT to fed q)
- for div jur, claims by pls generally cannot invoke supplemental jurisdiction
- keep in mind this does NOT apply to defs
8
Q
Limitation on Use of Supplemental Jurisdiction in Diversity Cases - Exception
A
- when there are multiple plaintiffs, and the claim by one of them doesn’t meet the amount in controversy requirement
9
Q
Discretionary Factors
A
- ct has discretion to decline supp jur even if you meet the reqs for supp jur if:
-> state law claim is complex OR
-> state law issues would predominate - can also decline if the claim on which fed SMJ is based is dismissed early in the case
