Kara Sears
The Seventh Amendment of the US Constitution preserves the right to a trial by jury in suits at common law, where the value in controversy exceeds twenty dollars. This amendment is based on the distinction between common law and equity, with jury trials applying to the former. Common law, also known as judge-made law or case law, is primarily developed through judicial decisions rather than statutes. It is deeply rooted in stare decisis, meaning that courts follow precedents established by previous rulings. In the context of lawsuits, a suit at common law refers to a legal proceeding where the plaintiff seeks monetary damages, and the jury decides the outcome and the amount to be awarded.
| Characteristics | Values |
|---|---|
| Definition | A suit at common law is a type of lawsuit where the party bringing the lawsuit could receive money. |
| Jury trial | The Seventh Amendment preserves the right to a jury trial in suits at common law. |
| Monetary threshold | The Seventh Amendment applies to suits at common law where the value in controversy exceeds twenty dollars. |
| Re-examination | The Seventh Amendment states that no fact tried by a jury shall be re-examined in any Court of the United States other than according to the rules of common law. |
| Admiralty and maritime jurisdiction | The Seventh Amendment does not apply to cases in admiralty and maritime jurisdiction, which are tried by a court without a jury. |
| Statutory proceedings | The Seventh Amendment does not apply to statutory proceedings unknown to the common law, such as applications to a court of equity. |
| Historical test | The historical test interprets the Seventh Amendment as relying on English common law to determine the necessity of a jury trial in a civil suit. |
| Common law jurisdiction | Commercial parties often choose the law of a common law jurisdiction with a well-developed body of common law to ensure predictability and simplicity in their contractual relations. |
| Nature of suit | To determine whether a suit is legal in nature, courts consider the cause of action and the remedy provided, with the remedy being the more important consideration. |
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What You'll Learn
The Seventh Amendment
The inclusion of the Seventh Amendment in the Constitution was a response to the demands of Anti-Federalists, who sought to protect citizens' rights and prevent overreach by the federal government. They argued that civil juries could defend debtors and protect litigants from bad laws, tyrannical actions by the executive, and corrupt or biased judges. James Madison drafted the Seventh Amendment to address these concerns and ensure the preservation of the right to a civil jury trial in federal courts.
The interpretation of the Seventh Amendment has evolved over time. In Parsons v. Bedford in 1830, the Supreme Court determined that the term "common law" in the Amendment referred to the common law of England. Later, in Dimick v. Schiedt in 1935, the Court formally declared that the Amendment should be interpreted according to English common law as it stood in 1791 when the Amendment was ratified. This interpretation, known as the historical test, aims to preserve the "substance" of the right to a jury trial rather than mere procedural details.
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Jury trials
The Seventh Amendment grants the right to a jury trial in "Suits at common law" where the value in controversy exceeds twenty dollars. This right is not applicable in state courts, even when a litigant is enforcing a federal law right. The amendment does not apply to cases involving admiralty and maritime jurisdiction, nor to proceedings related to the naturalization or deportation of aliens. The Supreme Court has ruled that the Seventh Amendment does not provide a right to a jury trial in civil suits involving equitable rights and remedies that were enforced when the Amendment was framed.
In the United States, jury trials are available for criminal cases in common law jurisdictions like the Republic of Ireland, which consists of twelve jurors. Juries decide questions of fact but do not determine criminal sentencing. In civil cases, a verdict can be reached by a majority of nine out of twelve members, and unanimity is not required. Jury selection is random, and each juror must be impartial. The attorneys prepare jury instructions, which the judge may modify, to guide the jury's deliberations. After deliberations, the jury issues a verdict. If the jury cannot decide, the court may dismiss the case or order a retrial.
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Common law vs equity
Common law, also known as judicial precedent, judge-made law, or case law, is a body of law primarily developed through judicial decisions rather than statutes. It is deeply rooted in stare decisis, which means that courts follow precedents established by previous decisions. Common law is largely based on precedent, meaning judicial rulings made in previous similar cases.
Equity, on the other hand, is a body of law that was developed in the English Court of Chancery and is now administered concurrently with common law. In common law jurisdictions, equity refers to a particular set of rules that originated in a distinct court system. Equity is not a synonym for 'general fairness' or 'natural justice', but instead, it provides a remedy where common law does not, or it provides a more suitable remedy. For example, an injunction, an equitable remedy, can be sought for an anticipatory breach of contract, which is a common law claim.
The Seventh Amendment, which is based on the distinction between common law and equity, states that its requirements concerning jury trials apply in "suits at common law", not equity. In late eighteenth-century England, juries in "common law" courts decided who won and how much money would be received for the damage that the party suffered. In contrast, judges in "equity" courts decided on remedies for breach of contract, such as ordering someone to sell a house or be removed from the land.
The Judicature Acts of the 1870s ended the institutional separation of common law and equity, allowing the Supreme Court to administer both rules. However, the reforms did not fuse the actual bodies of law, and jurisdictions that have inherited the common law system differ in their treatment of equity. While some common law systems have placed less emphasis on the historical or institutional origin of substantive legal rules, in others, equity remains a distinct body of law.
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Historical test
The historical test for determining whether a suit is "at common law" has its origins in the interpretation of the Seventh Amendment to the United States Constitution. This amendment, ratified in 1791, guarantees the right to a trial by jury in certain civil cases. Over time, the scope and applicability of this right have been refined through judicial decisions and interpretations.
The historical test was established in United States v. Wonson (1812), which interpreted the amendment as relying on English common law to determine the necessity of a jury trial in civil suits. This test was further clarified in Parsons v. Bedford (1830), where the Supreme Court ruled that jury trials were not constitutionally mandated for cases under maritime law, as English common law did not require juries in such cases.
The historical test was solidified in Thompson v. Utah (1898), establishing that the relevant guide was English common law as it stood in 1791 when the amendment was ratified. This was reaffirmed in Dimick v. Schiedt (1935), where the Supreme Court declared that the Seventh Amendment should be interpreted according to the English common law of 1791.
The historical test has been applied in various cases to determine the right to a jury trial. For example, in Galloway v. United States (1943), the Court permitted a directed verdict by a judge without violating the Seventh Amendment under the fixed historical test. In Beacon Theatres v. Westover (1959) and Dairy Queen, Inc. v. Wood (1962), the Court extended the amendment's guarantees, ruling that all issues requiring a jury trial under English common law also mandated a jury under the Seventh Amendment.
The historical test has been nuanced by the understanding that the Seventh Amendment encompasses more than the common-law forms of action recognised in 1791. Instead, it covers any lawsuit determining the legal rights of the parties, as opposed to suits involving solely equitable rights and remedies. This distinction between common law and equity is crucial, as the amendment's requirements for jury trials apply specifically to "suits at common law."
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Civil jury practices
The Seventh Amendment of the US Constitution, which is based on the distinction between common law and equity, states that its requirements concerning jury trials apply to "suits at common law". The Amendment preserves the right to a jury trial in civil cases where the value in controversy exceeds twenty dollars. This right does not extend to the states, except when a state court is enforcing a federally created right.
The availability of a trial by jury in US jurisdictions varies. The types of proceedings that use juries depend on whether such cases were tried by jury under English common law at the time of the American Revolution, rather than the methods used in English courts now. For example, at the time of the American Revolution, English "courts of law" tried cases of torts or private law for monetary damages using juries, but English "courts of equity" that tried civil cases seeking an injunction or another form of non-monetary relief did not. As a result, this practice continues in American civil laws, but in modern English law, juries are mostly used in criminal proceedings and some inquests.
The American system utilizes three types of juries: investigative grand juries, petit juries (also known as trial juries), and civil juries. A federal grand jury consists of 16 to 23 members and requires the concurrence of 12 to indict. A federal petit jury consists of 12 members in criminal cases and 6 to 12 members in civil cases, and the verdict must be unanimous. Civil juries are charged with evaluating civil lawsuits.
Civil jury trials have always been problematic, but changes since the late eighteenth century have made them even more difficult and rarer. Disputes that can go to a jury are more complicated and confusing. Technology has become more complex, and business transactions more intricate. Evidence is increasingly in written, numerical, or scientific form, which is often difficult for jurors to understand.
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Frequently asked questions
A suit at common law is a type of lawsuit where the right to a jury trial is preserved. Common law is largely based on precedent, or rulings made in previous similar cases.
A landlord's suit to recover possession of real property from a tenant allegedly behind on rent.
In equity courts, judges decide on questions such as whether to grant a remedy for a breach of contract, whereas common law courts decide who won and how much money would be received for damages.
