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Chapter 18: The Federal Judicial SystemSection 4: The Special CourtsLecture Notes |
Key Terms:
redress
| A. | Special Courts, in General | |
| 1. | Two types of courts, constitutional and special. | |
| 2. | Special courts, also known as "legislative courts," are not established pursuant to Article III, so they do not exercise the broad "judicial power of the United States." | |
| 3. | Unlike constitutional courts, the special courts do not exercise the "judicial power of the United States." | |
| B. | The United States Claims Court | |
| 1. | The United States cannot be sued - by anyone, in any court, for any reason - without its consent. | |
| 2. | The Claims Court hears cases from all over the country in which there are claims for damages against the Federal Government. | |
| 3. | Originally, before 1855, a person with a claim against the Untied States could secure redress only by an act of Congress. Redress is satisfaction/payment of a claim. | |
| C. | The Territorial Courts | |
| 1. | Under the Constitution, Congress created courts for the nation's territories. At the current time, there are three (3) courts. The courts sit in the Virgin Islands, Guam, and the Northern Marianas. | |
| 2. | These courts operate much like local (state) courts. | |
| D. | The Courts of the District of Columbia | |
| 1. | The District of Columbia has its own system of courts. | |
| 2. | This system was established by Congress. | |
| E. | The Court of Military Appeals | |
| 1. | The three judges of this court are civilians appointed to 15-year terms, with the consent of the Senate. | |
| 2. | This court, sometimes called the "GI Supreme Court," hears appeals from serious court-martial convictions. Its decisions may be, but almost never are, appealed to the United States Supreme Court. | |
| F. | The Court of Veterans Appeals | |
| 1. | The seven judges of the Court of Veterans Appeals are appointed by the President for 15-year terms, with the consent of the Senate. | |
| 2. | They hear appeals from veterans who claim that the Veteran's Administration has mishandled their case. | |
| G. | The United States Tax Court | |
| 1. | The 19 judges of the Tax Court are appointed by the President to 12-year terms. Established in 1969. | |
| 2. | The Tax Court hears only civil cases involving disputes over the application of tax laws. | |
© McClenaghan, William A., Magruder's American Government. Needham, MA: Prentice Hall, 1996