3. What are the policy justifications for pendent and ancillary jurisdiction? Commentary points to at least two

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3. What are the policy justifications for pendent and ancillary jurisdiction? Commentary points to at least two purposes:

First, it ensures that litigants will not be dissuaded from maintaining their federal rights in a federal court solely because they can dispose of all claims by one litigation in the state but not the federal forum. When jurisdiction over the federal claim is exclusive in the federal judiciary, only pendent jurisdiction makes possible a complete remedy for vindication of the plaintiff’s rights. Second, assuming that the litigants are in a federal forum, pendent jurisdiction serves the interest of avoiding piecemeal litigation, thus promoting judicial economy and greater expedition for the litigants.

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Civil Procedure Cases And Materials

ISBN: 9780314280169

11th Edition

Authors: Jack Friedenthal, Arthur Miller, John Sexton, Helen Hershkoff

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