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STANDARD(S) ADDRESSED: 12.4 Students analyze the unique roles and responsibilities of the 3 branches of government. CH 18-SEC 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.
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STANDARD(S) ADDRESSED:12.4 Students analyze the unique roles and responsibilities of the 3 branches of government. CH 18-SEC 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.
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Key Terms redress: satisfaction of a legal claim, such as payment for damages Legislative courts: made by congress to address specific laws of congress Specialized courts: deal with specific areas of law not address in constitutional courts/
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
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.
Introduction What are the special courts, and what are the jurisdictions of each? The Court of Federal Claims deals with legal claims made against the federal government. The Military and Veterans Claims Courts deal with the armed forces. The United States Tax Court hears civil cases involving the nation’s tax laws. 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.
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.
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 own District Court.
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.
Courts-Martial, cont. • All court officials in the courts-martial, • judges, • defense attorneys, • prosecutors, and so forth- • are members of the military, usually officers.
Courts-Martial, cont. 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]
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,
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.
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.
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?
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.
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?
