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Preparing for Finals and Supplemental Jurisdiction
Transcript of Preparing for Finals and Supplemental Jurisdiction
1. Start with the language of the rule
Apply What You've Learned...
Read and Issue Spot the Essay Fact Pattern
Which facts match with which elements?
Which facts are more arguable than others?
Do you see areas that you can focus your analysis on?
EXAMPLE: Supplemental Jurisdiction
Supplemental Jurisdiction §1367
Preparing for Finals
Make a Schedule
2. Use the format provided in class
3. Case law interpretation?
4. Get your rule statements ready
5. Policy? Argument/Counterargument?
6. Test it out!
1. Original Jurisdiction?
No? Can't have SJ
with your definitions...
Original Jurisdiction is
Does the supplemental claim fall under one of the joinder scenarios?
Yes? No SJ
claims by persons proposed to be joinded as plaintiffs under
claims by persons seeking to intervene as plaintiffs under
Complex issue of
Is the supplemental claim the predominant issue?
Dist. Ct. dismissed claims with OJ?
Other good reason?
- Basis of Original Jurisdiction
- Common Nucleus of Operative Fact
1367(b) Taketh Away
Joinder may be permissible under the joinder rules, but the exercise of SJ might be nevertheless divested by one of the joinder scenarios in 1367(b).
Will the court use its discretion to not exercise supplemental jurisdiction?
The statute of limitations is tolled while the supplemental claim is pending.
Then, use the elements as headings in your essay...
"It always seems
impossible until it is done."
Create "mini-outlines" or
checklists for each
rule and doctrine.
Take it step-by-step.
Grasp the scope of the class