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Flashcards in Supplemental Jurisdiction Deck (13):
1

First step under 1367a

is there a claim that has SMJ on its own
if on 1332 must have complete diversity

2

Second step under 1367a

is there an attached claim that doesn't have SMJ

3

Third Step under 1367a

are they factually related

4

Fourth step under1367b

is the freestanding claim based on diversity?

5

Fifth Step under 1367b

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

6

Gap rules

plaintiff asserting the claim is a R20 or R23 plaintiff

7

Sixth step under 1367b

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

8

Seventh Step under 1367c

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

9

Results of answers to the steps

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

10

relation between 1367a and 1367b

1367a gives SMJ 1367b destroys whats given by a

11

Exxon Mobile

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

12

pendant jurisdiction

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

13

ancillary jurisdiction

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