Supplemental Jurisdiction Flashcards

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1
Q

First step under 1367a

A

is there a claim that has SMJ on its own

if on 1332 must have complete diversity

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2
Q

Second step under 1367a

A

is there an attached claim that doesn’t have SMJ

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3
Q

Third Step under 1367a

A

are they factually related

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4
Q

Fourth step under1367b

A

is the freestanding claim based on diversity?

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5
Q

Fifth Step under 1367b

A

is it asserted by a single plaintiff, R19 plaintiff, or rule 24 plaintiff

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6
Q

Gap rules

A

plaintiff asserting the claim is a R20 or R23 plaintiff

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7
Q

Sixth step under 1367b

A

is the claim against a R14,R19,R20, or R24 party

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8
Q

Seventh Step under 1367c

A

court can decline SMJ if it wants to even if it passes all the tests

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9
Q

Results of answers to the steps

A
1- yes: keep going
    no: no SMJ
2- yes: keep going
    no: no SMJ
3- yes: keep going
    no: No SMJ
4- yes: keep going
    no: discretion
5- yes: keep going
    No: discretion
6- yes: SMJ destroyed
    no: discretion
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10
Q

relation between 1367a and 1367b

A

1367a gives SMJ 1367b destroys whats given by a

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11
Q

Exxon Mobile

A

contamination theory
A party/ claim cannot be joined under supp jurisdiction if it will destroy the complete diversity over cases that are based on diversity because it takes away the pupose of providing a federal forum

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12
Q

pendant jurisdiction

A

applied to federal question claims, allowed a plaintiffs claims that were factually related to the federal question claim to be added

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13
Q

ancillary jurisdiction

A

jurisdiction over claims that were not the original claims and therefore almost exclusively acted on claims brought by the defendant, applied to both diversity and federal question cases

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