HOME

TheInfoList



OR:

The Federal Courts Improvement Act, 96 Stat. 25., was a law enacted by the
United States The United States of America (U.S.A. or USA), commonly known as the United States (U.S. or US) or America, is a country Continental United States, primarily located in North America. It consists of 50 U.S. state, states, a Washington, D.C., ...
on April 2, 1982 which established the
United States Court of Appeals for the Federal Circuit The United States Court of Appeals for the Federal Circuit (in case citations, Fed. Cir. or C.A.F.C.) is a United States court of appeals that has special appellate jurisdiction over certain types of specialized cases in the U.S. federal cou ...
and the United States Claims Court (later changed to the
United States Court of Federal Claims The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, ...
). The statute was intended to promote greater uniformity in certain areas of federal jurisdiction and relieve the pressure on the dockets of the Supreme Court and the courts of appeals for the regional circuits.History of the Federal Judiciary, Landmark Judicial Legislation


History

In 1971, a committee appointed by Chief Justice
Warren Burger Warren Earl Burger (September 17, 1907 – June 25, 1995) was an American attorney and jurist who served as the 15th chief justice of the United States from 1969 to 1986. Born in Saint Paul, Minnesota, Burger graduated from the St. Paul Colleg ...
proposed the creation of a National Court of Appeals that would decide cases and screen petitions for appeal to the
United States Supreme Court The Supreme Court of the United States (SCOTUS) is the highest court in the federal judiciary of the United States. It has ultimate appellate jurisdiction over all U.S. federal court cases, and over state court cases that involve a point o ...
. The 1975 report of the Commission on Revision of the Federal Court Appellate System proposed a like-named court that would determine national law and resolve inter-circuit conflicts by deciding certain categories of cases referred to it by the Supreme Court and the courts of appeals. Congress rejected both proposals for a national court of appeals, but the studies drew attention to the problems associated with the lack of uniform rulings in specialized areas of jurisdiction. A proposal drafted by the Department of Justice led President
Jimmy Carter James Earl Carter Jr. (born October 1, 1924) is an American politician who served as the 39th president of the United States from 1977 to 1981. A member of the Democratic Party (United States), Democratic Party, he previously served as th ...
to request in 1979 that Congress establish a court of appeals for a Federal Circuit, to be on the same jurisdictional level as the other U.S. courts of appeals. The proposed court would combine the functions of the Court of Customs and Patent Appeals with those of the U.S. Court of Claims, and the president also urged Congress to consider vesting the proposed court with the jurisdiction to promote uniformity and predictability in federal tax cases. The House and Senate failed to complete consideration of the bill before the end of Carter's term. The legislation was reintroduced in 1981, based on an endorsement by the
Judicial Conference of the United States The Judicial Conference of the United States, formerly known as the Conference of Senior Circuit Judges, was created by the United States Congress in 1922 with the principal objective of framing policy guidelines for administration of judicial cour ...
and support from business leaders.


Effect

The act established the United States Court of Appeals for the Federal Circuit, which became the only U.S. court of appeals defined exclusively by its jurisdiction rather than geographical boundaries. This new court assumed the jurisdiction of the U.S. Court of Customs and Patent Appeals and the appellate jurisdiction of the U.S. Court of Claims. The new court was authorized to hear appeals from several federal administrative boards as well. Congress abolished the Court of Customs and Patent Appeals and the U.S. Court of Claims, reassigning the twelve judges of those courts to serve on the Federal Circuit court. The act of 1982 also established a U.S. Claims Court (now the
U.S. Court of Federal Claims The United States Court of Federal Claims (in case citations, Fed. Cl. or C.F.C.) is a United States federal court that hears monetary claims against the U.S. government. It was established by statute in 1982 as the United States Claims Court, ...
), and reassigned the sitting trial judges of the U.S. Court of Claims to the new claims court. Congress extended the jurisdiction of the Federal Circuit to the review of appeals from the United States Court of International Trade, the
United States Merit Systems Protection Board The Merit Systems Protection Board (MSPB) is an independent quasi-judicial agency established in 1979 to protect federal merit systems against partisan political and other prohibited personnel practices and to ensure adequate protection for federa ...
, the
Civilian Board of Contract Appeals The Civilian Board of Contract Appeals (CBCA) is an Article I court that was established under the Contract Disputes Act of 1978 as an independent tribunal to hear and decide contract disputes between Government contractors and the General Serv ...
, and certain administrative decisions of the secretaries of Agriculture and Commerce, as well as all appeals related to
patent A patent is a type of intellectual property that gives its owner the legal right to exclude others from making, using, or selling an invention for a limited period of time in exchange for publishing an enabling disclosure of the invention."A ...
s. Congress rejected the controversial proposals to grant the Federal Circuit court jurisdiction over appeals of tax and environmental cases.


References

{{reflist


Further reading

*Ellen E. Sward & Rodney F. Page, ''The Federal Courts Improvement Act: A Practitioner’s Perspective'', 33 Am. U. L. Rev. 385 (1984). *Brian Dean Abramson, ''A Question of Deference: Contrasting the Patent and Trademark Jurisdiction of the Federal Circuit'', 29 Temp. J. Sci. Tech. Envtl. L. 1 (2010).


Attribution

Material on this page was adapted from the website of the
Federal Judicial Center The Federal Judicial Center is the education and research agency of the United States federal courts. It was established by in 1967, at the recommendation of the Judicial Conference of the United States. According to , the main areas of respo ...
, a public domain repository of information about federal courts in the United States. United States federal judiciary legislation 1982 in law 97th United States Congress