Flashcards in Supplemental Jurisdiction Deck (6)
Define: supplemental jurisdiction
Allows parties to expand the litigation by joining claims together into a single action. These cases are added would not be given federal jurisdiction if they were brought independently, but because they are added to a case that does allow for federal jurisdiction, they are allowed.
28 USC 1367(a) General Rule of supplemental jurisdiction
General rule is that in a civil action of which the district courts have original jurisdiction, the district courts shall have supplemental jurisdiction over all other claims that are so related to claims in the action within such original jurisdiction that they form part of the same case or controversy under Article III of the Constitution.
Normal Person Language: If it is a civil action + District Court has original jurisdiciton then that court shall have jurisdiction AS LONG AS the other claim is so related that it is part of the same case or controversy.
28 USC 1367(c) the exceptions to supplemental jurisdiction
District courts have the power to decline jurisdiction in certain discretionary circumstances:
1) If it involves a novel or complex issue of state law
2) If the non-federal claim substantially predominates the federal claim
3) the case based on original federal jurisdiction is dismissed
4) extraordinary circumstances exist which make a "compelling reason to decline jurisdiction"
5) State law is tied to questions of federal policy.
What is required for pendent jurisdiction:
When Plaintiff has two claims, one in federal court and one in state court, both can be brought in federal court providing they both arise from the same "nucleus of facts."
What is the three part test from In re Ameriquest Mortgage that the court uses to decide if they should hear both claims under pendent jurisdiction?
1) Substantial federal claim in the case
2) Do the federal and non-federal claim arise from a common nucleus of operative fact?
3) Would plaintiff ordinarily be expected to try them as one in a judicial proceeding?