The Judicial Branch

Chapter 18

THE SPECIAL COURTSSection 4

What are The Special Courts?

• Also known as the legislative courts – they are courts created by Congress acting under its authority granted in Article I; Section 8 of the Constitution.– Each court has very narrow jurisdiction – does not

exercise the broad judicial powers of government.– Judges serve a fixed term – not for life.

Military and Veterans Claims Courts

• Military Trial Courts– Created to make and interpret “Rules for the Governing and

Regulation of the Land and Naval Forces of the United States”– Not part of the federal court system– Judges, prosecutors, defense attorneys, court reporters, are

all members of the military – most are officers.– Conduct trials for members of the military who violate

military law.– Trials operate similarly to those in civilian courts

• Laws and punishments are slightly different (often more strict)• Only 2/3 majority needed to convict.

Other Military Courts• Court of Appeals for the Armed Forces

– Civilian tribunal – part of the judicial branch; entirely separate from the military establishment.• Judges, lawyers, jury are made up of civilians not military personnel.

– Decisions can be appealed to the Supreme Court

• Court of Appeals for Veterans Claims– Hears appeals from the decisions of the Department of Veterans Affairs– Appeals from this court go to the Court of Appeals for the Federal Circuit.

• Military Commissions– Set up by Bush Administration in 2001 to try “unlawful enemy combatants”– Supreme Court declared them unconstitutional in 2006 in Hamdan v. Rumsfeld– Congress responded by passing the Military Commissions Act of 2006– Obama Administration began decommissioning in 2009.– Congress and military have been resistant to these closures.– Many still remain in operation (Guantanamo Bay)

Other Special Courts• The Court of Federal Claims

– Hears claims for damages against the federal government.– Appeals go to Court of Appeals for the Federal Circuit.

• The Territorial Courts– Virgin Islands, Guam, Northern Mariana Islands– Function much like local courts in the 50 states.

• The District of Columbia Courts– A federal district court and a federal court of appeals– Local courts – general trial and appeals courts– Operate much like the courts in the 50 states.

• The United States Tax Court– Independent judicial body in the legislative branch– Not part of the federal court system– Hears civil cases involving disputes over the application of tax laws.– Cases most often generated by the Internal Revenue Service (IRS).