Tucker Act jurisdiction
E88587
Tucker Act jurisdiction refers to the authority of certain federal courts to hear monetary claims against the United States government based on contracts, statutes, regulations, or the Constitution.
Aliases (3)
Statements (44)
| Predicate | Object |
|---|---|
| instanceOf |
federal jurisdiction doctrine
→
subject-matter jurisdiction → |
| alsoKnownAs |
Little Tucker Act jurisdiction
→
|
| appliesTo |
monetary claims against the United States
→
|
| basedOn |
Tucker Act
→
|
| codifiedIn |
28 U.S.C. § 1346(a)(2)
→
28 U.S.C. § 1491 → |
| concerns |
claims founded upon Acts of Congress
→
claims founded upon executive department regulations → claims founded upon express contracts with the United States → claims founded upon implied-in-fact contracts with the United States → claims founded upon the Constitution → |
| determines |
forum for monetary claims against the United States
→
|
| distinguishedFrom |
Little Tucker Act jurisdiction in district courts
→
|
| doesNotCover |
claims against federal officers in their individual capacity
→
|
| doesNotDetermine |
substantive right to recover
→
|
| doesNotProvide |
equitable relief as primary remedy
→
|
| effectiveSince |
1887
→
|
| enables |
breach of contract suits against the United States
→
claims for just compensation for takings → illegal exaction claims against the United States → |
| excludes |
criminal matters
→
tort claims against the United States → |
| governs |
most non-tort monetary claims against the federal government
→
|
| grantsJurisdictionTo |
United States Court of Federal Claims
→
United States district courts → |
| historicallyDerivedFrom |
Court of Claims jurisdiction
→
|
| interpretedBy |
Supreme Court of the United States
→
United States Court of Appeals for the Federal Circuit → |
| limitedBy |
sovereign immunity of the United States
→
|
| monetaryThresholdForDistrictCourts |
$10,000
→
|
| oftenInvokedIn |
government procurement disputes
→
military pay claims → tax refund suits under 28 U.S.C. § 1346(a)(1) → |
| permitsIncidental |
equitable relief in aid of monetary judgment
→
|
| primaryForum |
United States Court of Federal Claims
→
|
| relatedTo |
federal contract law
→
sovereign immunity waiver → takings claims under the Fifth Amendment → |
| requires |
claim against the United States as defendant
→
money-mandating source of law → non-frivolous allegation of money damages → |
| separateFrom |
Administrative Procedure Act review jurisdiction
→
Federal Tort Claims Act jurisdiction → |
Referenced by (6)
| Subject (surface form when different) | Predicate |
|---|---|
|
Tucker Act jurisdiction
("Little Tucker Act jurisdiction")
→
|
alsoKnownAs |
|
Tucker Act jurisdiction
("Tucker Act")
→
|
basedOn |
|
United States Court of Federal Claims
("Fed. Cl.")
→
|
citationAbbreviation |
|
United States Court of Federal Claims
("Tucker Act")
→
|
governingStatute |
|
United States Court of Federal Claims
("Tucker Act")
→
|
legalBasis |
|
United States Court of Federal Claims
→
|
relatedDoctrine |