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Preparing for Finals and Supplemental Jurisdiction

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Brittnay Wittnebel

on 21 April 2015

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Transcript of Preparing for Finals and Supplemental Jurisdiction

How to Outline a Rule...
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
§ 1367
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?
1331,1332,1335
No? Can't have SJ
Yes? Continue
2. Common
Nucleus of
Operative Fact
Gibbs
Common:
Operative:
Go further
with your definitions...
Original Jurisdiction is
premised
solely
on 1332
Does the supplemental claim fall under one of the joinder scenarios?
Yes? No SJ
Plaintiff
v.
FRCP 14
Plaintiff
v.
FRCP 19
Plaintiff
v.
FRCP 20
Plaintiff
v.
FRCP 24
claims by persons proposed to be joinded as plaintiffs under
Rule 19
claims by persons seeking to intervene as plaintiffs under
Rule 24
Complex issue of
State law?
Is the supplemental claim the predominant issue?
Dist. Ct. dismissed claims with OJ?
Catch-all?
Other good reason?
1. Granteth
§1367(a)
2. Taketh
Away
§1367(b)
3. "Punt"eth
§1367(c)
4. Saveth
§1367(d)

1367(a) Granteth
- 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).

1367(c) Punteth
Will the court use its discretion to not exercise supplemental jurisdiction?

167(d) Saveth
The statute of limitations is tolled while the supplemental claim is pending.

Then, use the elements as headings in your essay...
THANK YOU!

"It always seems
impossible until it is done."
Nelson Mandela
Create "mini-outlines" or
checklists for each
rule and doctrine.
Stay focused!
Take it step-by-step.
Grasp the scope of the class
Full transcript