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Question 1
Mary, a citizen of Texas, files an action in federal court against Susan, a citizen of Texas, to recover $50,000 in damages. When Susan files a motion to dismiss based on lack of subject matter jurisdiction, Mary objects to the motion and claims that the court has supplemental jurisdiction over the one-count complaint. How will the court rule?
Correct
Incorrect!
Correct Supplemental jurisdiction is the means through which one can bring into federal court claims over which a federal court would normally not have subject matter jurisdiction, provided there is a valid, independent claim over which the court does have federal subject matter jurisdiction. This independent claim acts as a base upon which to build supplemental jurisdiction. Thus, if there is not at least one count over which the court has original subject matter jurisdiction, there is no supplemental jurisdiction.
Incorrect! Supplemental jurisdiction is the means through which one can bring into federal court claims over which a federal court would normally not have subject matter jurisdiction, provided there is a valid, independent claim over which the court does have federal subject matter jurisdiction. This independent claim acts as a base upon which to build supplemental jurisdiction. Thus, if there is not at least one count over which the court has original subject matter jurisdiction, there is no supplemental jurisdiction.
Question 2
Melissa, a citizen of Nebraska, files a complaint against Monica, a citizen of Kentucky, in federal court. Count one alleges a claim for breach of the implied warranty of fitness relating to a television Melissa purchased from Monica. Count two alleges a claim for defamation regarding a comment Monica made about Melissa regarding Melissa's worth as a potential employee. Melissa seeks damages of $20,000 for count one, and $100,000 for count two. Over which claim(s) does the court have jurisdiction?
Correct Through diversity of citizenship and because the amount in controversy in count two is over the minimum required, the court has original jurisdiction over count two. The court does not have original jurisdiction over count one because the amount in controversy is below $75,000. 28 U.S.C. ' 1367 subsection (a) provides that the additional claims to be attached through supplemental jurisdiction must 'form part of the same case or controversy' as the count which properly invokes the court's subject matter jurisdiction. Because count one and count two do not form part of the same case or controversy, supplemental jurisdiction cannot be applied to count one. Therefore, the court only has subject matter jurisdiction over count two.
Incorrect! Through diversity of citizenship and because the amount in controversy in count two is over the minimum required, the court has original jurisdiction over count two. The court does not have original jurisdiction over count one because the amount in controversy is below $75,000. 28 U.S.C. ' 1367 subsection (a) provides that the additional claims to be attached through supplemental jurisdiction must 'form part of the same case or controversy' as the count which properly invokes the court's subject matter jurisdiction. Because count one and count two do not form part of the same case or controversy, supplemental jurisdiction cannot be applied to count one. Therefore, the court only has subject matter jurisdiction over count two.
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Question 3
Melissa, a citizen of Nebraska, files a complaint against Monica, a citizen of Kentucky, in federal court. Count one alleges a claim for breach of the implied warranty of fitness relating to a television Melissa purchased from Monica. Count two alleges a claim for damages Melissa sustained when the defective television exploded and caused Melissa's home to burn to the ground. Melissa seeks damages of $20,000 for count one, and $100,000 for count two. Over which claim(s) does the court have jurisdiction?
Correct
Incorrect!
Correct
Incorrect!
Correct Because the court has original subject matter jurisdiction over count two, and because count one arises out of the same case or controversy, the court may extend supplemental jurisdiction over count one as well. See the explanation to the previous interaction.
Incorrect! Because the court has original subject matter jurisdiction over count two, and because count one arises out of the same case or controversy, the court may extend supplemental jurisdiction over count one as well. See the explanation to the previous interaction.
Correct
Incorrect!
Question 4
Melissa, a citizen of Nebraska, files a complaint against Monica, a citizen of Kentucky, in federal court. Count one alleges a claim for breach of the implied warranty of fitness relating to a television Melissa purchased from Monica. Count two alleges a claim for damages Melissa sustained when the defective television exploded and caused Melissa's home to burn to the ground. Melissa seeks damages of $20,000 for count one, and $20,000 for count two. Over which claim(s) does the court have jurisdiction?
Correct
Incorrect!
Correct
Incorrect!
Correct
Incorrect!
Correct Because the court does not have original subject matter jurisdiction over either count one or count two, since neither count exceeds the $75,000 threshold in order to establish diversity jurisdiction, the court cannot extend supplemental jurisdiction to either claim. Supplemental jurisdiction is only available when there is at least one count over which the court has original subject matter jurisdiction.
Incorrect! Because the court does not have original subject matter jurisdiction over either count one or count two, since neither count exceeds the $75,000 threshold in order to establish diversity jurisdiction, the court cannot extend supplemental jurisdiction to either claim. Supplemental jurisdiction is only available when there is at least one count over which the court has original subject matter jurisdiction.