Supplemental jurisdiction

Supplemental jurisdiction

Supplemental jurisdiction is the authority of United States federal courts to hear additional claims substantially related to the original claim even though the court would lack the subject-matter jurisdiction to hear the additional claims independently. usc|28|1367 is a codification of the Supreme Court's rulings on ancillary jurisdiction ("Owen Equipment & Erection Co. v. Kroger", ussc|437|365|1978) and pendent jurisdiction ("United Mine Workers of America v. Gibbs", ussc|383|715|1966) and a superseding of the Court's treatment of pendent party jurisdiction ("Finley v. United States", ussc|490|545|1989).

By default, courts have supplemental jurisdiction over "all other claims that are so related . . . that they form part of the same case or controversy" (§ 1367(a)). This means a federal court hearing a federal claim can also hear substantially related state law claims, thereby encouraging efficiency by only having one trial at the federal level rather than one trial in federal court and another in state court. However, if the case is brought as a diversity action (i.e., each defendant comes from a state different than each plaintiff), there generally is no supplemental jurisdiction if such claims would destroy complete diversity. See Exxon Mobil Corp. v. Allapattah Services, Inc.. Courts are also free to decline to exercise supplemental jurisdiction in specified or exceptional circumstances (§ 1367(c)).

External links

* [http://straylight.law.cornell.edu/uscode/html/uscode28/usc_sec_28_00001367----000-.html 28 U.S.C § 1367 - Supplemental Jurisdiction]


Wikimedia Foundation. 2010.

Игры ⚽ Поможем написать курсовую

Look at other dictionaries:

  • supplemental jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. supplemental jurisdiction …   Law dictionary

  • jurisdiction — ju·ris·dic·tion /ˌju̇r əs dik shən/ n [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1: the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) to be… …   Law dictionary

  • Supplemental Nutrition Assistance Program — SNAP logo The United States Supplemental Nutrition Assistance Program (SNAP),[1] historically and commonly known as the Food Stamp Program, is a federal assistance program that provides assistance to low and no income people …   Wikipedia

  • supplemental — That which is added to a thing or act to complete it. See also amendment @ supplemental act That which supplies a deficiency, adds to or completes, or extends that which is already in existence without changing or modifying the original. Act… …   Black's law dictionary

  • supplemental injunction — An injunction issued in aid of an action before the court for the purpose of protecting its jurisdiction or making its judgment effective. 28 Am J Rev ed Inj § 15. An injunction granted by way of aiding an action or proceeding in another court in …   Ballentine's law dictionary

  • Diversity jurisdiction — United States Federal Civil Procedure Doctrines Justiciability Advisory …   Wikipedia

  • Pendent jurisdiction — is the authority of a United States federal court to hear a closely related state law claim against a party already facing a federal claim, described by Justice Antonin Scalia as jurisdiction over nonfederal claims between parties litigating… …   Wikipedia

  • Removal jurisdiction — In the United States, removal jurisdiction refers to the right of a defendant to move a lawsuit filed in state court to the Federal district court of the original court s district. This is a general exception to the usual American rule giving the …   Wikipedia

  • ancillary jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. ancillary jurisdiction …   Law dictionary

  • Federal question jurisdiction — is a term used in the United States law of civil procedure to refer to the situation in which a United States federal court has subject matter jurisdiction to hear a civil case because the plaintiff has alleged a violation of the Constitution,… …   Wikipedia

Share the article and excerpts

Direct link
Do a right-click on the link above
and select “Copy Link”