Court of Claims


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Court of Claims

A state judicial tribunal established as the forum in which to bring certain types of lawsuits against the state or its political subdivisions, such as a county. The former designation given to a federal tribunal created in 1855 by Congress with original jurisdiction—initial authority—to decide an action brought against the United States that is based upon the Constitution, federal law, any regulation of the executive department, or any express or implied contracts with the federal government.

Such courts are created by statute or constitution and can entertain only actions specified by law, such as those involving violations of provisions of the state constitution or law or based upon breach of government contracts.

The Federal Courts Improvement Act of 1982 (28 U.S.C.A. § 1 et seq.) abolished the U.S. Court of Claims and established the Court of Appeals for the Federal Circuit and the U.S. Claims Court to share various aspects of the jurisdiction of the former court.

Court of Claims

n. a special U. S. federal court established (1855) to hear monetary claims against the United States government, based on contracts, express or implied, or claims referred by Congress. It sits in Washington, D. C. and is composed of five judges. Some states also have a court of claims.

References in periodicals archive ?
The Ohio Court of Claims selected Tyler's Modria solution to provide an easy, online process for managing mediations resulting from public records requests.
In 1855, Congress established the Court of Claims and gave the first three judges the power to "appoint commissioners to take depositions and issue subpoenas.
The Court of Claims found that once the taxpayer elected to use the installment method, the Code required the taxpayer to use that method for all its installment sales.
The Court of Claims drew an analogy between this case and Chicago, Burlington, & Quincy Railroad v.
The court recognized that the Court of Claims has exclusive, original jurisdiction to determine whether an officer or employee is entitled to personal immunity under Ohio law.
The recent decision of the Michigan Court of Claims on September 30, 1994, in MagneTek Controls provides the most recent interpretation regarding the level of sales solicitation activity required to create sufficient nexus under Commerce Clause principles to support a tax like the SBT.
The New York State Court of Claims is soliciting proposals for a three-day conference with up to 120 participants.
In each of those cases, the Court of Claims held that the railroad company was similarly entitled to deduct the cost of those items in the year of purchase.
In a separate action commenced in the Court of Claims of New York against the hospital to recover damages for medical malpractice and wrongful death, the plaintiff asserted that the hospital's employees negligently administered ampicillin, a penicillin derivative, to the patient for an infection even though they had been informed that the patient was allergic to penicillin.
Supreme Court decision that a gift to a trust was a future interest because it took joint action by two trustees for the beneficiary to gain possession of the property; the Tax Court and the Court of Claims reached similar conclusions about gifts to corporations.
Zuckerman said Bailey might try to reclaim the stock, or its cash equivalent, through ``a more appropriate forum'' like the federal Court of Claims, which hears claims against the government.
Owners of that property, TM Park Avenue Associates of Chicago, are contemplating plans to file a Notice of Claim against the State in either the Court of Claims or Supreme Court to block the move.