Transcript Courts - Cloudfront.net

STANDARD(S): 12.1 Students explain the
fundamental principles and moral values of
American democracy.
LEARNING OBJECTIVES/ GOALS/ SWBAT
1. Contrast the jurisdiction of the Court of Appeals for
the Armed Forces and the Court of Appeals for
Veterans Claims.
2. Explain how a citizen can sue the United States
government in the Court of Federal Claims.
3. Examine the roles of the territorial courts and those
of the District of Columbia Courts.
4. Explain what types of cases are brought to the Tax
Court.
Key Terms
• redress: satisfaction of a legal claim, such
as payment for damages
• courts-martial: military courts that serve
the special needs of the armed forces and
are not part of the federal court system
• civilian tribunal: a court belonging to the
judicial branch, separate from the military
courts
Chapter 18, Section 4
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Slide 3
Introduction
• What are the special courts, and what are the
jurisdictions of each?
– The Military and Veterans Claims Courts deal with
the armed forces.
– The Court of Federal Claims deals with legal claims
made against the federal government.
– The Territorial Courts act as local courts for federal
territories.
– The District of Columbia Courts act as federal and
local courts for the District of Columbia.
– The United States Tax Court hears civil cases
involving the nation’s tax laws.
Chapter 18, Section 4
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Slide 4
COURT
Number Terms of
of Judges Judges
1. United
1a. 16
States Court of
Federal Claims
Chapter 18, Section 4
1b. 15 years
Types of Cases
1c. hears cases in which
there are claims against
the government of the
United States from all
over the country
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Slide 5
Special Courts
• Unlike the constitutional courts, Congress
established the special courts under the
authority of Article I of the Constitution.
• This means that each special court has a very
narrow jurisdiction, hearing only specific types of
cases.
• Special court judges are appointed for fixed
terms, not for life.
Chapter 18, Section 4
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Slide 6
Courts-Martial
• Courts-martial are military courts and not
part of the federal court system.
– They try only members of the military accused
of violating military law.
– In a courts-martial, only two-thirds of the
panel, or jury, has to agree on a verdict,
unlike the unanimous verdict required in
civilian courts.
Chapter 18, Section 4
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Slide 7
COURT
2. Territorial
Courts
Chapter 18, Section 4
Number Terms Types of Cases
of
of
Judges Judges
2c. hear cases like those heard
in local State courts
throughout the United States
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Slide 8
Courts-Martial, cont.
• All court officials in
the courts-martial-judges, defense
attorneys,
prosecutors, and so
forth--are members
of the military,
usually officers.
Chapter 18, Section 4
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Slide 9
Chapter 18, Section 4
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Slide 10
Military Courts of Appeal
• Congress created the Court of Appeals for
the Armed Forces in 1950 to review serious
convictions of military personnel.
– This is a civilian court that hears appeals of
military court rulings.
• Congress established the Court of Appeals
for Veterans in 1988 to hear appeals of
decisions about veterans’ benefits made by
the Department of Veterans Affairs.
Chapter 18, Section 4
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Slide 11
COURT
Number Terms of
of
Judges
Judges
3. Court of 3a. 5
Appeals for
the Armed
Forces
Chapter 18, Section 4
Types of Cases
3b.15 years 3c. hears appeals
of serious courtmartial convictions
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Slide 12
Military Commissions
• In 2001, President George W. Bush ordered
the creation of military commissions to try
captured “unlawful enemy combatants.”
– Most of these suspected terrorists are held in military
prison in Guantanamo Bay, Cuba.
– In 2006, the Supreme Court ruled in Hamdan v.
Rumsfeld that only Congress could approve such
military commissions, which it did with the Military
Commissions Act of 2006.
Chapter 18, Section 4
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Slide 13
Military Tribunals
• Military tribunals
have been
established at various
times in America’s
past - during the
Mexican-American
War, the Civil War,
and World War II.
– How do the
bystanders in this
cartoon view the
military commissions
at Guantanamo Bay?
Chapter 18, Section 4
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Slide 14
COURT
Number of Terms of
Judges
Judges
4. Court of 4a. 7
Appeals for
Veteran
Affairs
Chapter 18, Section 4
Types of Cases
4b. 15 years 4c. hears appeals
from the decisions
of the Board of
Veterans Appeals
in the Department
of Veterans Affairs
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Slide 15
Court of Federal Claims
• Checkpoint: What types of cases does the
Court of Federal Claims hear?
– The United States government cannot be
sued by anyone, for any reason, in any court,
unless it agrees to be sued.
– So, Congress created the Court of Federal
Claims to allow people to sue the federal
government for damages.
Chapter 18, Section 4
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Slide 16
Special Jurisdictions
• The Territorial Courts act as local courts
for the U.S. territories of Guam, the Virgin
Islands, and the Northern Mariana Islands.
• The District of Columbia Courts include
the trial court and court of appeals for the
District, as well as its federal district court
and court of appeals.
Chapter 18, Section 4
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Slide 17
COURT
Number of Terms of
Judges
Judges
Types of Cases
United
States Tax
Court
5a. 19
5c. hears civil
cases involving
disputes over tax
laws
Chapter 18, Section 4
5b. 15 years
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Slide 18
U.S. Tax Court
• Congress created the United States Tax
Court in 1969 to hear civil cases involving
the nation’s tax laws.
– The Tax Court is not part of the federal court
system.
– Most of its cases come from the Internal
Revenue Service and other Treasury
Department agencies.
Chapter 18, Section 4
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Slide 19
Review
• Now that you have learned about the
special courts and their jurisdiction, go
back and answer the Chapter Essential
Question.
– Does the structure of the federal court system
allow it to administer justice effectively?
Chapter 18, Section 4
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Slide 20
1.
1.
1.
Redress
satisfaction of a claim
Courtmartial
a court consisting of military officers who
try cases of violation of military law by
members of the armed services
Civilian
tribunal
a court operating as part of the judicial
branch, entirely separate from the
military establishment
Chapter 18, Section 4
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Slide 21