Information AboutTucker Act |
| CATEGORIES ABOUT TUCKER ACT | |
| 1887 in law | |
| united states federal government administration legislation | |
| united states federal judiciary legislation | |
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Not all governmental contracts are subject to the Tucker Act. For example, the Supreme Court, in Burr v. FHA, , has stated that the Congress may organize "sue and be sued" agencies; such agencies may be sued in any court of otherwise competent Jurisdiction as if it were a private litigant, as long as the agency is to pay out the judgment from its own budget, not from the U.S. Treasury. Whether the agency or the Treasury is to pay depends on the congressional intent. The Act states that if the Plaintiff seeks less than $10,000 in damages, the federal district courts have a concurrent Jurisdiction over the case. However, if the damages sought exceed that amount, the United States Court Of Federal Claims has the exclusive Jurisdiction and the suit cannot be brought anywhere else. EXTERNAL LINKS
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