LAW 607 Lecture Notes - Lecture 24: United Mine Workers, Supplemental Jurisdiction, Federal-Question Jurisdiction
1 Jun 2020
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Applying 1367: application of 1367 is a two-step process. The first is to determine if the state and federal claims have a sufficient factual relationship to qualify. 1367(a): constitutional grounding: the logic behind supplemental jurisdiction is discussed in united mine workers v. gibbs, 383 u. s. 715 (1966). Common nucleus of operative fact, the legislative history for 1367 shows that congress intended to codify the common nucleus standard: same case or controversy : two or more claims comprise the same. Article iii case if they arise out of the same basic set of facts. Claims involving many of the same witnesses or other evidence are more likely to satisfy the test. Similarly, claims that stem logically from the same core transaction or occurrence are likely to qualify under 1367(a). Page 1 of 5: example: in in re ameriquest mortgage co. mortgage lending.
