NCJ Number
84362
Date Published
1981
Length
384 pages
Annotation
Testimony focuses on S. 21, a bill to establish a U.S. Court of Appeals for the Federal Circuit and a U.S. claims court, and S. 537, a bill to aid State and local governments in strengthening their judicial systems through the creation of a State Justice Institute.
Abstract
S. 21 establishes a new Court of Appeals for the Federal Circuit which would exercise the nontax appellate jurisdiction presently held by the Court of Claims and the Court of Customs and Patent Appeals. It also restructures the Court of Claims into a claims court akin to a district court, handling claims cases except for tax matters. Testimony supporting S. 21 argues that it will help alleviate docket pressures on the regional courts of appeals, that it will help meet the need to declare national law, and that it will help reduce inconsistency in the adjudication of patent cases. Those opposing the bill maintain that the limited number of patent cases (about 1 percent of the total appellate caseload) that will be handled by a new patent court of appeals will not significantly ease caseloads in the court of appeals. Further, opponents perceive that the bill is a step toward a super court with expanding national jurisdiction in specific subject matter areas of law. S. 537 would establish a State Justice Institute that would provide technical and financial assistance to further the development and adoption of improvements in the administration of justice in State courts. Testimony supports this bill. Written statements are included, along with the texts of the bills and additional submissions.