SMJ - Supplemental Jdx Flashcards

(10 cards)

1
Q

Supp Jdx Def

A

Gets claims into a federal case, even though the claims cannot use diversity of citizenship or FQ SMJ

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2
Q

Supp. JDX Starting Point !!!!

A

Must have a case already in fed court based on SMJ so there must be something to supplement

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3
Q

Focus on Add’l Claims !!!

A

The fed court must have SMJ over every single claim in a case

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4
Q

Add’l Claims: Step 1 - check for SMJ with diversity or FQ

A

Check for Diversity or FQ jdx over the additional claim - if add’l claim satisfies either, it can be heard in the federal court case without needing supplemental jdx

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5
Q

Step 2: check for supp jdx if no diversity or FQ

A

If no diversity or FQ SMJ - court can still hear the claim if it can invoke supplemental jdx

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6
Q

How supplemental jdx works !!!

A

Two steps: the common nucleus test and determine if case got into fed court under diversity for the limitation

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7
Q

Common Nucleus Test

A

Claim that we want to get into federal court must share a common nucleus of operative fact with the claim that satisfied federal SMJ

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8
Q

When is the common nucleus test always met?

A

When a claim arises from the same transaction or occurrence as the underlying case, however the test is broader than the same transaction or occurrence

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9
Q

The limitation on the use of supplemental jdx in diversity cases

A

In diversity cases, claims by Ps generally cannot invoke supplemental jdx with an exception to the limitation

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10
Q

Exception to the limitation

A

1 exception that applies when there are multiple Ps and the claim by one of them does not meet the amount in controversy req

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