Home > Preview
The flashcards below were created by user
on FreezingBlue Flashcards.
Name three major sections.
- 1. Section 1367(a)
- 2. Section 1367(b)
- 3. Discretionary Basis for Denial of Jurisdiction
What questions are asked under section 1367(a)?
- a. Freestanding Claim--is there a claim over which the court has original jurisdiction?
- b. Common Nucleus of Operative Fact--is the supplemental claim at issue on the same common nucleus of operative fact as the freestanding claim?
Under 1367(b), what question should be asked
Is the court's jurisdiction based solely on diversity?
Supplemental Claim by Plaintiff? Does the supplemental claim at issue consist of a claim by the plaintiff or by plaintiffs joining the case under Rule 19 or 24?
ii. Claim by a Rule 19 or 24?
iii. Claim by a plaintiff
Against Certain Joined Parties? Is the claim against persons made parties under Rule 14, 19, 20, or 24?
2. What are the discretionary Basis for Denial of Jurisdiction?
- a. Novel State Issue. Does the supplemental claim involve a novel or complex state issue?
- b. State Claim Predominates. Does the state claim substantially predominate over the federal claim
- c. Federal Claims Dismissed. Have the federal claims been dismissed.
- d. Other Circumstances. e.g., jury dismissed?
What would you like to do?
Home > Flashcards > Print Preview