Bar Exam — MBE (Multistate Bar Exam)Civil ProcedureMedium
A plaintiff filed a lawsuit in federal court against a defendant, alleging claims under both a federal statute and a related state-law tort. The federal court has original jurisdiction over the federal statutory claim. The state-law tort claim arises from the same common nucleus of operative fact as the federal claim. Prior to trial, the federal claim is dismissed on the merits. What is the most likely action the federal court will take regarding the remaining state-law claim?
- ATransfer the state-law claim to the appropriate state court, as federal courts lack the authority to hear purely state-law matters.
- BDismiss the state-law claim without prejudice, as the court no longer has original jurisdiction over any claim.
- CRetain jurisdiction over the state-law claim, as supplemental jurisdiction, once established, cannot be divested.
- DCompel arbitration of the state-law claim, as it is a private dispute no longer suitable for federal litigation.
Show answer & explanationAnswer & explanation
Correct answer: B. Dismiss the state-law claim without prejudice, as the court no longer has original jurisdiction over any claim.
When all claims giving rise to original federal jurisdiction are dismissed before trial, federal courts typically decline to exercise supplemental jurisdiction over remaining state-law claims, dismissing them without prejudice.
Why the other options are wrong
- A. Federal courts generally do not transfer cases to state courts; they dismiss them if jurisdiction is lacking.
- C. Supplemental jurisdiction is discretionary, and courts often decline it, especially when the federal claim is dismissed early.
- D. Compelling arbitration is a separate legal process and is not a default action when supplemental jurisdiction is declined.
Declining Supplemental Jurisdiction
Federal courts have discretion to decline supplemental jurisdiction over state-law claims if the federal claims giving rise to original jurisdiction are dismissed early in the litigation.
- Discretionary, not mandatory.
- Most common when federal claims are dismissed before trial.
- State claims usually dismissed without prejudice, allowing refiling in state court.
Memory trick: When the FEDERAL claim fades, the STATE claim often gets a DISMISSAL parade.