SC Bar Practice Questions - South Carolina Bar Examination Exam

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Two plaintiffs from South Carolina sue a Georgia defendant in federal court. One plaintiff's claim is for $80,000; the other's related claim is for $40,000, arising from the same accident. Under the supplemental-jurisdiction statute, may both claims proceed?

No, because the $40,000 claim fails the amount-in-controversy requirement and supplemental jurisdiction cannot cure it for plaintiffs No, claims of separate plaintiffs may never be aggregated or supplemented Yes, because once one plaintiff meets the jurisdictional amount, 28 U.S.C. § 1367 supplies supplemental jurisdiction over the related claim of a co-plaintiff in a diversity case Yes, because the two claims may always be aggregated to exceed $75,000

Correct Answer:

Yes, because once one plaintiff meets the jurisdictional amount, 28 U.S.C. § 1367 supplies supplemental jurisdiction over the related claim of a co-plaintiff in a diversity case

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