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Special Courts

Federal Special Courts



Congress has established several special courts to adjudicate federal matters. ADMIRALTY courts are federal district courts that have jurisdiction over admiralty and maritime actions pursuant to federal statute (28 U.S.C.A. § 1333). BANKRUPTCY courts are federal courts that are concerned exclusively with the administration of bankruptcy proceedings; they were also created pursuant to federal statute (28 U.S.C.A. § 1334). The U.S. TAX COURT tries and adjudicates controversies involving deficiencies or overpayments in income, estate, and gift taxes. U.S. magistrates try misdemeanor cases and conduct preliminary proceedings in civil and criminal proceedings.



The U.S. COURT OF APPEALS FOR VETERANS CLAIMS was created in 1988 to review decisions of the Board of Veterans' Appeals, which hears cases involving benefit programs for veterans and their dependents. Cases appealed from the Court of Veterans Appeals are heard by the U.S. court of appeals for the applicable federal circuit.

The U.S. Court of Federal Claims was created in 1982 to replace the former Court of Claims. Its powers are mandated by federal statute (28 U.S.C.A. §§ 1491 et seq.). The Claims Court has jurisdiction to render money judgments upon any claim against the United States based on the Constitution, a federal statute, or a federal regulation; any claim based on an express or implied contract with the United States; or any claim for liquidated or unliquidated damages in cases not sounding in TORT (not involving torts).

The Court of International Trade has jurisdiction over any civil action against the United States arising from federal laws governing import transactions. It also has jurisdiction to review determinations as to the eligibility of workers, firms, and communities for adjustment assistance under the Trade Act of 1974 (19 U.S.C.A. §§ 2101 et seq.). Insular courts are special courts created by Congress with jurisdiction over insular possessions (island territories) of the United States, such as Puerto Rico.

Military courts include courts-martial, courts of military review, the U.S. Court of Appeals for the Armed Forces, and the Military Court of Inquiry, These courts are designed to deal exclusively with issues arising under MILITARY LAW, which governs the armed forces. Courts-martial are ad hoc military courts, convened under authority of the UNIFORM CODE OF MILITARY JUSTICE (10 U.S.C.A. §§ 801 et seq.) to try and punish violations of military law committed by persons subject to that law. The courts of military review are intermediate appellate criminal courts, established by the Military Justice Act of 1968 (10 U.S.C.A. § 866) to review COURT-MARTIAL convictions of members of their respective ARMED SERVICES in which the punishment imposed extends to death, dismissal or punitive discharge, or confinement for one year or more. The U.S. Court of Appeals for the Armed Forces (USCAAF), formerly known as the Court of Military Appeals, which was created by Congress in 1950 (10 U.S.C.A. § 867), functions as the primary civilian appellate tribunal responsible for reviewing court-martial convictions of all the services. Cases heard by the Courts of Military Review may be appealed to the USCAAF; any appeals from that court are heard by the U.S. Supreme Court. The Military Court of Inquiry is a court of special and limited jurisdiction, convened to investigate specific matters and advise whether further proceedings should be pursued.

A Court for the Trial of Impeachments is a tribunal empowered to try any officer of government or other person brought to its bar by the process of IMPEACHMENT. At the national level, the Senate is the Court for the Trial of Impeachments of federal officers, and in most states the upper house of the legislature is the Court for the Trial of Impeachments of state officers.

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