Civ Pro Exam Review: Supplemental Jurisdiction
Taylor's Law School Review por T-Bone
Notas del episodio
3 Step Analysis to § 1367:
- Does §1367 give supplemental jurisdiction?
- Common nucleus of operative facts? (Gibbs)
- Does 1367(b) take it away?
- Is original jurisdiction founded solely on diversity under § 1332?
- Is it a claim by plaintiff against person made party under Rule 14, 19, 20, or 24? OR Is it a claim by a person to be joined as plaintiff under Rule 19 or intervene as plaintiff under Rule 24?
- Would supplemental jurisdiction be inconsistent with requirements of § 1332?
[If "yes" to all 3, then §1367(b) takes it away]
- Should the court exercise discretion to decline under § 1367(c)?