One Stop Shopping: Supplemental Jurisdiction
This is likely going to be my last song. Let's face it, I think we're all pretty exhausted and worn out at this point of the marathon we call finals. My creative juices are about dry.
If you have Professor Sawchak for Civ Pro, you will recognize this checklist of questions to ask for determining if a related claim can be heard in federal court under Supp Jurisdiction. My powers of memorization are lacking so I thought it would be a good topic for a song.
The melody is from Colby Caillat's "Think Good Thoughts."
Supplemental Jurisdiction
If you have Professor Sawchak for Civ Pro, you will recognize this checklist of questions to ask for determining if a related claim can be heard in federal court under Supp Jurisdiction. My powers of memorization are lacking so I thought it would be a good topic for a song.
The melody is from Colby Caillat's "Think Good Thoughts."
Supplemental Jurisdiction
1367 of 28 U.S.C.
Is supplemental juris-diction; it’s a biggie
So I’ll tell you how it works
But we’ll summarize it first
When a court has SMJ
It can have “supp”; there’s a way
When there’s related claims
Like state, tort, or contract claims
The fed court can hear them
Supplement, Supplement
A fed court can hear a claim that’s riding along with
Cases that have made it on their own
Sawchak said in class that it’s just like “one stop
shopping”
Why waste time, efficiency? So please stop distressing
Supplement is the way to go
Na na na na na na
Na na na na na na na na na
First thing you should ask:
What’s the claim at issue?
If it’s federal, there’s no need to ask these next few
If you answer no, go to section (a)
Where we know that Congress giveth
Courts power to hear it
First, does the anchor claim fall under SMJ?
Next do the added & anchor claims share a common nucleus
of operative fact
You’re halfway there to
Supplement, Supplement
A fed court can hear a claim that’s riding along with
Cases that have made it on their own
Sawchak said in class that it’s just like “one stop
shopping”
Why waste time, efficiency? So please stop distressing
Supplement is the way to go
Na na na na na na
Na na na na na na na na na
Next is section (b)
Where Congress takes away
If yes to all three
It’s a really sad day
One: is anchor claim diversity only?
Two: is the added claim one by the plaintiff
(3) What rule joined the D à
14 or 20?
If no to all three then
Supplement, Supplement
A fed court can hear a claim that’s riding along with
Cases that have made it on their own
Sawchak said in class that it’s just like “one stop
shopping”
Why waste time, efficiency? So please stop distressing
Supplement is the way to go
Na na na na na na
Na na na na na na na na na
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