Supplemental Jurisdiction Flashcards

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1
Q

Supplemental Jurisdiction

A

Allows a federal court with SMJ over a case to hear additional claims over which the court would not independently have jurisdiction if all claims constitute the same case or controversy.

• Arising out of the common nucleus of operative fact. (Same transaction or occurrence.)

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2
Q

Compulsory Counterclaim

A

o A federal court sitting in diversity has supplemental jurisdiction over compulsory counterclaim (regardless of AIC)

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3
Q

Permissive Counterclaim

A

o Permissive Counter claim can only be heard if it independently satisfies complete diversity + $75,000

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4
Q

Crossclaims

A

Claim by P against another P or D against a Co-D. Supp Jurisdiction applies if the main claim shares a common nucleus of operative fact. (they do not have to be diverse or meet AIC)

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5
Q

Permissive Joinder

A

o Permissive Joinder: Additional claim asserted by the Plaintiff seeking to join the action , the addition cannot result in a violation of complete diversity.
♣ Complete diversity of all named Plaintiffs
♣ One of them has a claim exceeding $75,000
♣ All claims arise out of the same transaction or occurrence

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