Legislative Courts Law and Legal Definition

Legislative courts refer to courts created by legislature, other than courts created by constitution. Legislative courts are set up for some specialized purpose. For example, Court of Claims, and the U.S. Tax Court. USCS Const. Art. I, § 8, Cl 9 and USCS Const. Art. IV, § 3, Cl 2 empower congress to establish legislative courts and prescribe the jurisdiction of such courts.

In American Ins. Co. v. 356 Bales of Cotton, 26 U.S. 511 (U.S. 1828), the High Court ruled that the U.S. Congress had the power to establish a federal court in the U.S. territory of Florida. The legislative courts are created in virtue of the general right of sovereignty, which exists in the government.

Legislative courts also may be created as special tribunals to examine and determine various matters, arising between the government and others. [Benson v. Crowell, 38 F.2d 306, 307 (D. Ala. 1930)[.