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· 9/12/2000

Estado Libre Asociado (Departamento de Salud) v. Comision Estatal de Elecciones

Citations

  • 6 T.C.A. 607
  • 2001 DTA 13

How courts have described this case

Verbatim parenthetical descriptions written by other courts when citing this decision. Ranked by citation-network relevance.

  • Tucker Act provided jurisdiction in the Court of Claims for recovery of money that the government illegally collected from the plaintiff as fines under void convictions and sentences
  • plaintiff could recover under the Tucker Act a fine assessed under an unconstitutional statute
  • plaintiff could recover under the Tucker Act a fine assessed under an unconstitutional statute
  • Court of Claims possesses Tucker Act jurisdiction to determine that court-martial judgments are void for lack of jurisdiction and direct return of court-imposed monetary fines — not necessary to obtain reversal of prior judgment
  • fine assessed pursuant to unconstitutional court-martial was an illegal exaction on two bases: (1) court-martial entered judgment for the fine pursuant to the Articles of War— federal legislation which did not provide for its exaction, and (2

Source: CourtListener parenthetical corpus (CC0).

Judges: Acevedo, Cumpiano, Jiménez, Ponente, Por, Presidenta

Read full opinion on CourtListener

Sourced from CourtListener / Free Law Project (CC0).

This is legal information, not legal advice. Laws vary by jurisdiction and change frequently. Always verify current law with official sources and consult a licensed attorney in your jurisdiction for advice on your specific situation.