pendent jurisdiction

pendent jurisdiction
pendent jurisdiction see jurisdiction

Merriam-Webster’s Dictionary of Law. . 1996.

pendent jurisdiction
n.
Discretionary jurisdiction by a federal court over a state law claim that arises out of the same matter that simultaneously creates a federal claim.

The Essential Law Dictionary. — Sphinx Publishing, An imprint of Sourcebooks, Inc. . 2008.


pendent jurisdiction
In federal procedure, a federal court's right to decide a claim it would not ordinarily have a right to decide, because that claim arises out of the same incident as a claim that is properly before the court. Federal courts are courts of limited jurisdiction, and they generally don't have the right to decide issues of state law between residents of the same state. If, however, a plaintiff sued and alleged both federal and state law claims, the federal court could decide the state law claims under the doctrine of pendent jurisdiction.
Category: Representing Yourself in Court
Category: Small Claims Court & Lawsuits
Category: Working With a Lawyer

Nolo’s Plain-English Law Dictionary. . 2009.


pendent jurisdiction
The discretionary power of a federal court to permit the assertion of a related state law claim, along with a federal claim between the same parties, properly before the court, provided that the federal claim and the state law claim derive from the same set of facts.

Dictionary from West's Encyclopedia of American Law. 2005.


pendent jurisdiction
The discretionary power of a federal court to permit the assertion of a related state law claim, along with a federal claim between the same parties, properly before the court, provided that the federal claim and the state law claim derive from the same set of facts.

Short Dictionary of (mostly American) Legal Terms and Abbreviations.

pendent jurisdiction
n.
   in federal procedure, the policy that allows a federal court to decide a legal question normally tried in state courts because it is based on the same facts as a lawsuit which is under federal court jurisdiction. (It also may be spelled: pendant

Law dictionary. . 2013.

Игры ⚽ Нужен реферат?

Look at other dictionaries:

  • Pendent jurisdiction — is the authority of a United States federal court to hear a closely related state law claim against a party already facing a federal claim, described by Justice Antonin Scalia as jurisdiction over nonfederal claims between parties litigating… …   Wikipedia

  • pendent jurisdiction — A principle applied in federal courts that allows state created causes of action arising out of the same transaction to be joined with a federal cause of action even if diversity of citizenship is not present. Pendent jurisdiction is… …   Black's law dictionary

  • jurisdiction — ju·ris·dic·tion /ˌju̇r əs dik shən/ n [Latin jurisdictio, from juris, genitive of jus law + dictio act of saying, from dicere to say] 1: the power, right, or authority to interpret, apply, and declare the law (as by rendering a decision) to be… …   Law dictionary

  • pendent — pen·dent / pen dənt/ adj [Middle French pendant suspended, present participle of pendre to hang, ultimately from Latin pendēre] 1: remaining undetermined: pending (1) a pendent suit 2: of, relating to, or being the basis of pendent jurisdiction… …   Law dictionary

  • jurisdiction — A term of comprehensive import embracing every kind of judicial action. Federal Land Bank of Louisville, Ky. v. Crombie, 258 Ky. 383, 80 S.W.2d 39, 40. It is the power of the court to decide a matter in controversy and presupposes the existence… …   Black's law dictionary

  • jurisdiction — A term of comprehensive import embracing every kind of judicial action. Federal Land Bank of Louisville, Ky. v. Crombie, 258 Ky. 383, 80 S.W.2d 39, 40. It is the power of the court to decide a matter in controversy and presupposes the existence… …   Black's law dictionary

  • pendent party jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996 …   Law dictionary

  • Pendent party jurisdiction — In the United States federal courts, pendent party jurisdiction refers to a court s power to adjudicate a claim against a party whom would otherwise not be subject to the jurisdiction of the federal courts, because the claim arose from a common… …   Wikipedia

  • ancillary jurisdiction — see jurisdiction Merriam Webster’s Dictionary of Law. Merriam Webster. 1996. ancillary jurisdiction …   Law dictionary

  • Supplemental jurisdiction — is the authority of United States federal courts to hear additional claims substantially related to the original claim even though the court would lack the subject matter jurisdiction to hear the additional claims independently. usc|28|1367 is a… …   Wikipedia

Share the article and excerpts

Direct link
… Do a right-click on the link above
and select “Copy Link”