Transcript Section 4

CH 18-SEC 2
STANDARD(S) ADDRESSED:
12.4 Students analyze the unique roles and
responsibilities of the 3 branches of government.
1.
2.
3.
4.
LEARNING OBJECTIVES/ GOALS/ SWBAT
Contrast the jurisdiction of the Court of Appeals
for the Armed Forces and the Court of Appeals
for Veterans Claims.
Explain how a citizen can sue the United States
government in the Court of Federal Claims.
Examine the roles of the territorial courts and
those of the District of Columbia Courts.
Explain what types of cases are brought to the
Tax Court.
Key Terms
• redress: satisfaction of a legal claim, such
as payment for damages
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Additional Key Terms
• 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
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Chapter 18, Section 4
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COURT
Court of Federal
Claims
Number of
Judges
1a.
Terms of
Judges
1b.
16
15 years
Types of Cases
1c.
hears cases in
which there are
claims against
the government
from all over the
country
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Chapter 18, Section 4
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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.
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Chapter 18, Section 4
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COURT
Territorial
Courts
Number of
Judges
Terms of
Judges
Types of Cases
2c.
hear cases like
those heard in
local State courts
throughout the
country
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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.
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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.
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COURT
Number of
Judges
3a.
Court of
Appeals
for the
Armed 5
Forces
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Terms of
Judges
3b.
Types of Cases
15 years
hears appeals of
serious
court-martial
convictions
3c.
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Courts-Martial, cont.
• All court officials in the
courts-martial-judges,
defense attorneys,
prosecutors, and so forth-are members of the military,
usually officers.
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Courts-Martial, cont.
• All court officials
in the courtsmartial--judges,
defense
attorneys,
prosecutors,
and so forth-are members of
the military,
usually officers.
Chapter 18, Section 4
Robert Bowdrie "Bowe" Bergdahl a United
States Army soldier who was held captive by
the Taliban from June 2009 until May 2014.
The circumstances under which Bergdahl
went missing and how he was captured by the
Taliban have since become subjects of
intense media scrutiny.
Bergdahl was released on May 31, 2014, as
part of a prisoner exchange for five Taliban
members who were being held at the
detention center at Guantanamo Bay.
On December 14, 2015, the U.S. Army
announced that Bergdahl would be tried by
general court-martial on charges of desertion
and misbehavior before the enemy.[7]
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Courts-Martial, cont.
• Chelsea Elizabeth Manning
(born Bradley Edward
Manning, December 17,
1987) is a United States
Army soldier who was
convicted in July 2013 of
violations of the Espionage
Act and other offenses,
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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.
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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.
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COURT
Number of
Judges
Court of
4a.
Appeals
for
7
Veteran
Affairs
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Terms of
Judges
Types of Cases
4b.
4c.
15 years
hears appeals from
the decisions of the
Board of Veterans
Appeals in the
Department of
Veterans Affairs
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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?
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COURT
Number of
Judges
Terms of
Judges
Types of Cases
Tax Court
5a.
5b.
5c.
19
15 years
hears civil cases
involving disputes
over tax laws
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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.
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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.
• Puerto Rico has its onw District Court.
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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.
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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?
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Chapter 18, Section 4
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Redress
satisfaction of a claim
Court-martial
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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