Law School Discussion

Nine Years of Discussion
;

Author Topic: Question on Supplemental Jurisdiction  (Read 905 times)

tortfeasor111

  • Sr. Citizen
  • ****
  • Posts: 119
    • View Profile
Question on Supplemental Jurisdiction
« on: February 01, 2007, 10:17:03 PM »
I'm attempting to write a memo and was wondering if there was a Supplemental Jurisdiction procedure that allows a federal court to hear criminal case and attach a state law civil case to it. 

holler21

  • Sr. Citizen
  • ****
  • Posts: 102
    • View Profile
Re: Question on Supplemental Jurisdiction
« Reply #1 on: February 03, 2007, 11:57:55 AM »
While you're doing your research on your memo, you might also want to research on your school's honor code.  I'm pretty sure that receiving outside help on a major research assignment would be grounds for serious disciplinary actions, assuming your school has any integrity whatsoever.

HTH

LALaw04

  • Full Member
  • ***
  • Posts: 17
    • View Profile
    • Email
Re: Question on Supplemental Jurisdiction
« Reply #2 on: February 05, 2007, 11:58:56 AM »
HTH, he asked a simple question.  Research is research.
I created these for some friends.  Enjoy:

http://www.cafepress.com/lawgear

bobbykurva

  • Full Member
  • ***
  • Posts: 75
    • View Profile
Re: Question on Supplemental Jurisdiction
« Reply #3 on: February 05, 2007, 12:12:55 PM »
FRCP 28 1367 might be what you're looking for - The state claim has to derive from the same common nucleus of operative fact as the criminal matter. You can get the state claim into federal court if you've got diversity + >75K in damages, or if the civil case involves an interpretation of a federal statute.

tortfeasor111

  • Sr. Citizen
  • ****
  • Posts: 119
    • View Profile
Re: Question on Supplemental Jurisdiction
« Reply #4 on: February 05, 2007, 03:15:02 PM »
While you're doing your research on your memo, you might also want to research on your school's honor code.  I'm pretty sure that receiving outside help on a major research assignment would be grounds for serious disciplinary actions, assuming your school has any integrity whatsoever.

HTH

Are you serious?  This is such a ludicrous response..  I asked a question about Supplemental Jurisdiction in regards to a civil/criminal matter, because we haven't covered it yet in class.  I talked about this topic with my professors too.  Is that outside help?  If you can show me proof that asking a question about terminology is a violation of school's honor policies, then I will stand corrected.  Thank you for everyone else's help.

Jumboshrimps

  • Sr. Citizen
  • ****
  • Posts: 598
    • View Profile
Re: Question on Supplemental Jurisdiction
« Reply #5 on: February 05, 2007, 05:04:38 PM »
This is an interesting question (for those of us who think procedure is at least as interesting as substance).

I've never heard of a court taking up both civil and criminal matters in the same proceeding. It would require a painstaking attention to procedural and evidentiary differences by the court, and if a jury was involved it would be unimaginably complicated (think of how you would begin to instruct a jury that it has to apply a beyond a reasonable doubt standard, and then forget about that and apply a preponderance of the evidence standard to the civil claim. Probably not worth the trouble.)
 
However, a habeus corpus proceeding is a civil lawsuit. I can at least imagine that this could be combined with a malicious prosecution, false imprisonment, or negligence claim. Or a civil rights claim. Why not?

Let us know what you find out.

slacker

  • Sr. Citizen
  • ****
  • Posts: 949
    • View Profile
Re: Question on Supplemental Jurisdiction
« Reply #6 on: February 06, 2007, 08:43:34 AM »
I don't know the answer to this question -- although it is a good question. I know in the state court where I clerk, we generally deal with civil matters. However, we can also bring criminal contemp charges related to those matters. When that happens, the criminal matter spawns an entirely new case, same judge but we also need to get in a criminal court clerk for the proceedings. The two cases may appear on the same court call, but each is docketed separately.

correguachin

  • Full Member
  • ***
  • Posts: 45
    • View Profile
Re: Question on Supplemental Jurisdiction
« Reply #7 on: February 06, 2007, 11:35:30 PM »
i wish my research exercise was that interesting... although i can't imagine researching such a topic.. probably pull my hair out..

my guess is that this goes back to ancient times... i'd look back to old english history and see what they say... why'd they divide the two to begin with?


slacker

  • Sr. Citizen
  • ****
  • Posts: 949
    • View Profile
Re: Question on Supplemental Jurisdiction
« Reply #8 on: February 08, 2007, 01:49:33 AM »
But this doesn't exactly break down along law/equity lines. The criminal/civil stuff seems to go back to the law, but I don't see where matters of equity would be involved. Going back to my current analogy, the court I'm in has a chancery division that's separate from the civil/criminal.

beckett

  • Jr. Member
  • **
  • Posts: 13
    • View Profile
Re: Question on Supplemental Jurisdiction
« Reply #9 on: February 10, 2007, 01:10:37 PM »
While you're doing your research on your memo, you might also want to research on your school's honor code.  I'm pretty sure that receiving outside help on a major research assignment would be grounds for serious disciplinary actions, assuming your school has any integrity whatsoever.

HTH

Dear NoMore3Putts: The reason you can't golf is that God hates you for being such a tool.