Special Courts

Pages73-77

Special Courts

The Supreme Court has held that ``. . . Article III does not express the full authority of Congress to create courts, and that other Articles invest Congress with powers in the exertion of which it may create inferior courts and clothe them with functions deemed essential or helpful in carrying those powers into execution.'' Such courts, known as legislative courts, have functions which ``. . . are directed to the execution of one or more of such powers and are prescribed by Congress independently of section 2 of Article III; and their judges hold office for such term as Congress prescribes, whether it be a fixed period of years or during good behavior.'' Appeals from the decisions of these courts, with the exception of the U.S. Tax Court and the U.S. Court of Appeals for the Armed Forces, may be taken to the U.S. Court of Appeals for the Federal Circuit. Appeals from the decisions of the Tax Court may be taken to the court of appeals in which judicial circuit the case was initially heard.

Certain decisions of the U.S. Court of Appeals for the Armed Forces are reviewable by writ of certiorari in the Supreme Court.

United States Court of Federal Claims The Claims Court was established on October 1, 1982, as an Article I court (28 U.S.C. 171, Article I, U.S. Constitution). The Claims Court succeeds to the original trial jurisdiction of the former Court of Claims, as provided for in 28 U.S.C.

1491 et seq. Its name was changed to the United States Court of Federal Claims by the Federal Courts Administration Act of 1992 (28 U.S.C. 1 note, 106 Stat. 4516). The court is composed of 16 judges, one of whom is designated by the President as chief judge. All judges are appointed for 15-year terms by the President with the advice and consent of the Senate.

The court has jurisdiction over claims seeking money judgments against the United States. A claim must be founded upon either: the United States Constitution; an act of Congress; the regulation of an executive department; an express or implied-in-fact contract with the United States; or damages, liquidated or unliquidated, in cases not sounding in tort.

If a bidder files a claim with the court either before or after the award of a Government contract, it has jurisdiction to grant declaratory judgments and equitable relief. Under the Contract Disputes Act (41 U.S.C. 601 et seq.), the court may render judgments upon a claim by or against a contractor, or any dispute between a contractor...

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