rests and costs. 21. Confirm that you appreciate that supplemental jurisdiction results in original jurisdiction which...
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rests and costs. 21. Confirm that you appreciate that supplemental jurisdiction results in original jurisdiction which would not exist without the supplemental jurisdiction statute, or in other words, if jurisdiction was based solely on 1331 and 5 1332 and not on 1367. 22. What joinder rule is at work in I and II above? If the plaintiffs are properly joined pursuant to this joinder rule, what does this mean regarding the satisfaction of the relationship test in 1367(a)? 23. Once you have identified the relevant joinder rule (Rule) from the previous question, consider whether the following is true: a. b. In an action where subject matter jurisdiction is founded on arising under jurisdiction there is supplemental jurisdiction over a party joined pursuant to Rule In an action where subject matter jurisdiction is founded on diversity jurisdiction, the relationship test of 1367(a) is satisfied for a party joined pursuant to Rule. but we need to check if 1367(b) strips the court of jurisdiction granted in 1367(a) before we can conclude supplemental jurisdiction exists. 24. Identify the jurisdictional "defect" in in I and II above in question 20 if subject matter jurisdiction is premised only on 28 U.S.C. 1332. 25. In light of the following language from the opinion please explain why the indivisibility theory is "inconsistent with the whole notion of supplemental jurisdiction." If the court has original jurisdiction over a single claim in the complaint, it has original jurisdiction over a "civil action" within the meaning of 1367(a), even if the civil action over which it has jurisdiction comprises fewer claims than were included in the complaint. Once the court determines it has original jurisdiction over the civil action, it can turn to the question whether it has a constitutional and statutory basis for exercising supplemental jurisdiction over the other claims in the action. We cannot accept the view, urged by some of the parties, commentators, and Courts of Appeals, that a district court lacks original jurisdiction over a civil action unless the court has original jurisdiction over every claim in the complaint. As we understand this position, it requires assuming either that all claims in the complaint must stand or fall as a single, indivisible "civil action" as a matter of definitional necessity-what we will refer to as the "indivisibility theory" or else that the inclusion of a claim or party falling outside the district court's original jurisdiction somehow contaminates every other claim in the complaint, depriving the court of original jurisdiction over any of these claims- what we will refer to as the "contamination theory." The indivisibility theory is easily dismissed, as it is inconsistent with the whole notion of supplemental jurisdiction. rests and costs. 21. Confirm that you appreciate that supplemental jurisdiction results in original jurisdiction which would not exist without the supplemental jurisdiction statute, or in other words, if jurisdiction was based solely on 1331 and 5 1332 and not on 1367. 22. What joinder rule is at work in I and II above? If the plaintiffs are properly joined pursuant to this joinder rule, what does this mean regarding the satisfaction of the relationship test in 1367(a)? 23. Once you have identified the relevant joinder rule (Rule) from the previous question, consider whether the following is true: a. b. In an action where subject matter jurisdiction is founded on arising under jurisdiction there is supplemental jurisdiction over a party joined pursuant to Rule In an action where subject matter jurisdiction is founded on diversity jurisdiction, the relationship test of 1367(a) is satisfied for a party joined pursuant to Rule. but we need to check if 1367(b) strips the court of jurisdiction granted in 1367(a) before we can conclude supplemental jurisdiction exists. 24. Identify the jurisdictional "defect" in in I and II above in question 20 if subject matter jurisdiction is premised only on 28 U.S.C. 1332. 25. In light of the following language from the opinion please explain why the indivisibility theory is "inconsistent with the whole notion of supplemental jurisdiction." If the court has original jurisdiction over a single claim in the complaint, it has original jurisdiction over a "civil action" within the meaning of 1367(a), even if the civil action over which it has jurisdiction comprises fewer claims than were included in the complaint. Once the court determines it has original jurisdiction over the civil action, it can turn to the question whether it has a constitutional and statutory basis for exercising supplemental jurisdiction over the other claims in the action. We cannot accept the view, urged by some of the parties, commentators, and Courts of Appeals, that a district court lacks original jurisdiction over a civil action unless the court has original jurisdiction over every claim in the complaint. As we understand this position, it requires assuming either that all claims in the complaint must stand or fall as a single, indivisible "civil action" as a matter of definitional necessity-what we will refer to as the "indivisibility theory" or else that the inclusion of a claim or party falling outside the district court's original jurisdiction somehow contaminates every other claim in the complaint, depriving the court of original jurisdiction over any of these claims- what we will refer to as the "contamination theory." The indivisibility theory is easily dismissed, as it is inconsistent with the whole notion of supplemental jurisdiction.
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ANSWER Confirming that jurisdiction would not exist without the supplemental jurisdiction statute means that the case falls under diversity jurisdicti... View the full answer
Related Book For
Income Tax Fundamentals 2013
ISBN: 9781285586618
31st Edition
Authors: Gerald E. Whittenburg, Martha Altus Buller, Steven L Gill
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