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Simple English definitions for legal terms
Tucker Act
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A quick definition of Tucker Act:
The Tucker Act is a law that says the United States government can be sued for certain things, even though normally the government can't be sued. The law allows people to make claims for things like money owed to them by the government or if the government takes their property without paying for it. There are two types of claims: ones where the person had a contract with the government and ones where they didn't but still think they should be paid. The court that handles these claims is called the United States Court of Federal Claims. If the claim is for more than $10,000, only that court can hear it. If it's for less than $10,000, it can also be heard in other courts. Before 1982, a different court handled these claims.
A more thorough explanation:
The Tucker Act is a law passed in 1887 that allows individuals to sue the United States government for certain types of claims. Normally, the government is immune to lawsuits, but the Tucker Act waives this immunity for specific claims.
The Tucker Act covers three types of claims:
- Contractual claims
- Non-contractual claims where the plaintiff seeks the return of money paid to the government
- Non-contractual claims where the plaintiff asserts that they are entitled to payment by the government
For example, if a company enters into a contract with the government to provide goods or services and the government breaches the contract, the company can sue under the Tucker Act. Similarly, if an individual pays money to the government for a service that is not provided, they can sue to get their money back.
The Tucker Act also covers claims related to the Constitution, federal statutes or regulations, and claims that do not arise from torts. This includes claims for damages resulting from the government taking private property for public use without just compensation, which is protected by the Fifth Amendment.
The United States Court of Federal Claims has jurisdiction over Tucker Act claims. Claims over $10,000 must be filed exclusively with this court, while claims under $10,000 can be filed concurrently with federal district courts.