United States Claims Court
History
Hears claims from private parties against the federal government. The Court of Claims was established in 1855 to address claims stemming from war debts. The court was renamed by the Federal Court Improvement Act of 1982. Examples of the kinds of cases currently heard by the claims court include claims arising out of governmental contracts, injuries caused by official negligence, and claims by either civilians or military personnel for back or retirement pay. The court originally possessed appellate jurisdiction over cases coming from the Indian Claims Commission. This appellate authority was reassigned in 1982 to the United States Court of Appeals for the Federal Circuit (Judicial Organization).
Function
A number of cases are referred directly by Congress. The court consists of 16 judges appointed by the president for staggered fifteen-year terms. The judges preside over cases individually except in cases that are congressional referrals. The court is headquartered in Washington, D.C., although it may convene anywhere in the country.
See Also
Legislative Court (Judicial Organization).
Analysis and Relevance
The United States Claims Court provides a means by which claims against the federal government may be resolved. Since the federal government is immune from this kind of suit without its consent, these actions require an unusual process. The claims court is an alternative to congressional consideration of these matters. If the court finds that a party is entitled to an award, however, Congress must specifically appropriate the funds to pay the claim. Final judgments of the claims court may be appealed to the U.S. Court of Appeals for the Federal Circuit.
Notes and References
United States Claims Court
Introduction to United States Claims Court
United States Claims Court, in the federal judiciary system, court established by Congress in 1982 as the successor in all matters to the Court of Claims. The court decides on claims against the U.S. arising out of a contract with the federal government or from a congressional enactment or federal executive order. It has original jurisdiction to render judgment on claims such as for compensation for the taking of property, back pay and retirement pay by civilian and military personnel, and refund of federal income and excise taxes. Judgments of the court are final unless reviewed by the U.S. Court of Appeals for the Federal Circuit. The U.S. Claims Court consists of 16 judges, including one who is designated the chief judge, appointed for 15-year terms by the president with the consent of the Senate. Sessions are held in Washington, D.C.” (1)
Resources
Notes and References
- Information about United States Claims Court in the Encarta Online Encyclopedia
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