The Special Courts CHAPTER 18 SECTION 4 Objective

The Special Courts CHAPTER 18 SECTION 4

Objective �Students will be able to 1) Identify the special courts; and 2) Understand how they are created and function.

Special Courts �Recall, the federal/national court system is made up of two distinct types of federal courts: 1) Article III courts (the inferior constitutional courts: District courts; C of A); and 2) Article I courts (the special courts).

Special Courts �Congress is given the expressed power “to constitute Tribunals inferior to the supreme Court” – that is, create the rest of the federal court system. - Article I, Section 8 �Congress created special courts to handle very specific types of cases.

Special Courts �Key differences b/w constitutional courts and special courts: 1) Each special court has a very narrow jurisdiction (that is, each hears only those cases that fall into a very limited class); and 2) A special court judge, though is nominated by the president, does not serve for life.

Military and Veterans Claims Court �Congress specifically has provided for military courts (courts-martial) to here cases pertaining to soldiers who violate military law. �The Judges, prosecutors, defense attorneys, jurymen court reporters, and other personnel are all members of the military. �Unlike a unanimous verdict required in civilian courts, 2/3 is only required in military courts.

Military Courts �An appeal of a court-martial conviction goes to the Court of Appeals for the Armed Forces. This is a civilian tribunal, and is entirely separate from the military establishment.

Military Commissions �President Bush, in 2001, issued a controversial executive order creating several military commissions. These were court—like bodies set up to try “unlawful enemy combatants” (captured suspected terrorists. �Supreme Court ruled the order unconstitutional. In 2006, Congress then creates the commissions. Obama has since suspended them.

The Court of Federal Claims �The U. S. government cannot be sued by anyone, in any court, for any reason, without its consent (the doctrine of sovereign immunity; “the King can do no wrong”) �However, if Congress declares that the government is open to suit in certain types of cases, the gov. can be sued. The Court of Federal Claims has exclusive original jurisdiction over claims for damages against the U. S. gov, that is, they hear these types of cases.

Territorial and D. C. Courts �These are federal courts for the U. S. territories (they sit in the Virgin Islands, Guam, and Northern Mariana Islands). �Congress has created a judicial system for the District of Columbia. Both the district courts and the Court of Appeals for the District of Columbia hear cases.

The U. S. Tax Court �These courts here civil cases involving disputes of tax law. Most of the cases are brought by the IRS.

Case A �A citizen in Guam is accused of kidnapping. Where does the case begin? �The D is found guilty and appeals. Where does the case go? �The D loses his appeal. What is his last resort judicially? How many judges does it take to grant a writ of certiorari.

Case B �A citizen claims that the U. S. Forest Service harmed his crops, and sues for redress. Where does this case begin? �The case is lost by the citizen and then appealed. Where does the case go next? �The citizen loses on appeal. Where does the case go?