SMJ - supplement jur Flashcards

1
Q

what is itQ

A

gets a claim into a federla case even though the claims do not invoke DIV or FQ

every single claim must have federal SMJ, but if they do you can tack them on. E.g does each additional claim have DIV or FQ

but supplemental jur can get a claim into a federal case without it being DIV or FQ

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2
Q

how can you use supplemental jur

A

rule - if the claim shares a common nucleus of operative facts w/ the claim that invoked SMJ

test is alwys met whent eh claim arises from teh same TRANSACTION OR OCCURRENCE as the undelrying case

IMITATION - in DVI caes, CLAIMS BY PLAINTIFFS CANNOT INVOKE SUPPLEMENT JUR.
EXCEPTION
if there are mulitple Ps and the only reason that one P cannot get into federal court is because of dollar threshold you let it in

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3
Q

sumary of supplement jur

A

non-federal, non-div claim can be heard in federal court if it meets the “test” UNLESS it is:

  1. asserted by P
  2. in a DIV case (not FQ) AND
  3. multiple Ps and one of the P’s claims is below $75K
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4
Q

discretionary factors

A

fed court can decline supplemtn JUR if

  1. state law claim is complex or
  2. state law issues would predominate case
  3. fedearl law claim was dismissed early in the case
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