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Flashcards in Supplemental Jurisdiction Deck (13):

First step under 1367a

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


Second step under 1367a

is there an attached claim that doesn't have SMJ


Third Step under 1367a

are they factually related


Fourth step under1367b

is the freestanding claim based on diversity?


Fifth Step under 1367b

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


Gap rules

plaintiff asserting the claim is a R20 or R23 plaintiff


Sixth step under 1367b

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


Seventh Step under 1367c

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


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


relation between 1367a and 1367b

1367a gives SMJ 1367b destroys whats given by a


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


pendant jurisdiction

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


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