Territorial Courts

• Author: Jeffrey Lehman, Shirelle Phelps

Page 3

Federal tribunals that serve as both federal and state courts in possessions of the United States—such as Guam and the Virgin Islands—that are not within the limits of any state but are organized with separate legislatures and executive and judicial officers appointed by the president.

Territorial courts are legislative courts created by Congress pursuant to its constitutional power under Article I, Section 8, Clause 9, to create tribunals inferior to the Supreme Court. They are not constitutional courts created by Article III of the Constitution. Congress vests territorial courts with jurisdiction comparable to that exercised by federal district courts. Congress can, however, impose restrictions and duties on territorial courts that cannot be imposed...