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Full-Text Articles in Law
The New United States Claims Court, Philip R. Miller
The New United States Claims Court, Philip R. Miller
Cleveland State Law Review
Effective October 1, 1982, after a life span of approximately 117 years, the existence of the United States Court of Claims was terminated by the Federal Courts Improvement Act of 1982. This article discusses the new Claims Court, starting with a discussion of its jurisdiction in Section II. Section III then elaborates on the procedure of the claims court, including: assignment of cases, place of trial, rules of evidence, pre-trial procedures, discovery, trial, oral argument, and post-trial procedure. Then Section IV explains the appeals process for cases decided in the Claims Court, and Section V finishes with a discussion of …
Contract Formation Jurisdiction Of The United States Claims Court, Joel R. Feidelman, Josephine L. Ursini
Contract Formation Jurisdiction Of The United States Claims Court, Joel R. Feidelman, Josephine L. Ursini
Cleveland State Law Review
This new United States Court of Appeals for the Federal Circuit has jurisdiction over appeals in contract and patent infringement cases. The former Court of Claims' trial division has also been replaced with a new United States Claims Court. This court, inter alia, has been invested with the jurisdiction to conduct trials in contract and patent cases. Of particular interest to the government contracting community, is the provision of the Act regarding the contract formation or pre-award jurisdiction of the new Claims Court. The Claims Court has the potential to provide the most effective forum for the resolution of protests …