Study Session 1

Question 1

In what circumstances does 1367(b) prohibit supplemental jurisdiction?

Answer 1

1. When the original claim has SMJ based on only diversity. (If there is no federal question…but if there is a federal question and diversity, then it is not prohibited.)
2. If the additional claim was brought by the plaintiff (or by persons joined as plaintiffs).

Question 2

What rules cover joinder?

Answer 2

Rules 18 (claims)
19 (parties)
20 (claims)

Question 3

What rules cover intervention?

Answer 3

Rule 24

Question 4

What is rule 20 used for?

Answer 4

Permissive joinder of parties–parties that may be joined

Question 5

What is rule 19 used for?

Answer 5

Required parties to be joined–people who are required to be joined.