Supplemental Jurisdiction - Part A Flashcards
What is supplemental jurisdiction in regards to smj?
a third way to get into the federal courthouse
what is the basic rule for supp j?
Allows a federal court with subject matter jurisdiction over a case to hear additional claims over which the court would not independently have jurisdiction if all the claims arise out of the same common nucleus of operative fact.
what does it mean to arise out of the same common nucleus of operative fact?
the claims constitute the same case or controversy; or an easier way to understand this is that all the claims arise out of the same transaction or occurrence
does the court have to hear the cases that a party tries to bring in with supplemental jurisdiction?
no, the decision is within the discretion of the court and is typically made on practical grounds. It allows the court to hear and expand its jurisdiction but does not HAVE to.
How does a case get in if the anchor claim arises under federal question jurisdiction?
just apply the basic rule: did the cases arise out of the same common nucleus of operative fact
how does the case get in if the anchor claim is based on diversity?
they still must be apart of the same common nucleus of operative fact but additionally the statute bars supplemental jurisdiction in most cases where the plaintiff is trying to bring in additional parties
so who is allowed to take advantage of supp j
defendants for the most part
if the barred cases want to come in through supp j, how do they
they have to independently satisfy complete diversity and AIC
what is a compulsory counterclaim
arises from the same set of circumstances that led to the plaintiff’s claim. Must be brought in the same case as the claim; it cannot be brought as a second suit after a case is tried
how will a compulsory counterclaim get in under supp j
if it is being brought by the defendant, it will be permitted, it need not meet the AIC requirement (diversity of citizenship should already be a thing because it should exist among these parties as they are the original parties in the case)
what is a permissive counterclaim
one that does not arise out of the same transaction or occurrence as the main claim
how are permissive counterclaims heard under supp j
only if they independently satisfy diversity (complete diversity plus AIC)
what happens to a compulsory counterclaim if not pleaded
it is lost if not pleaded in the current action
statute of limitations for compulsory counterclaim
filing the original complaint tolls the sol for the original claim and any compulsory counterclaim
when does a permissive counterclaim have to be pleaded
can be pleaded now or later
