Keith Mack
The Seventh Amendment of the United States Constitution is part of the Bill of Rights. It codifies the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact. The Seventh Amendment has two clauses: the Preservation Clause and the Re-examination Clause. The former preserves the right to a jury trial in suits at common law, while the latter prevents federal judges from overturning jury verdicts in certain ways. The Seventh Amendment is based on the distinction between common law and equity, with jury trials applying in suits at common law, not equity.
| Characteristics | Values |
|---|---|
| Type of law | Common law |
| Type of case | Civil cases |
| Type of court | Federal court |
| Jury trial | Required |
| Monetary threshold | Exceeds $20 |
| Re-examination | Not allowed |
| Jurisdiction | Federal |
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What You'll Learn
The Preservation Clause
> "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."
The historical context of the late eighteenth century is important here. During this period, juries in "common law" courts typically decided the outcome of cases and the amount of monetary compensation for the damaged party. In contrast, ""equity" courts were presided over by judges who made decisions on matters such as specific performance rather than monetary awards.
The concept of preservation of rights is also relevant here, as it ensures that a party retains its rights under a contract, law, or agreement, even if they do not immediately enforce them. This safeguards against the waiver or forfeiture of rights due to delays or specific circumstances.
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The Re-Examination Clause
The Seventh Amendment of the United States Constitution has two clauses. The second clause, known as the Re-Examination Clause, states:
> "In suits at common law, ... no fact tried by [a] jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law."
The Seventh Amendment preserves the right to a jury trial in certain civil cases, where the value in controversy exceeds twenty dollars. This amendment was introduced in 1789 and ratified by 1791, and it has been interpreted as relying on English common law to determine whether a jury trial is necessary. The amendment's guarantee has been extended to various types of cases, including shareholder suits and copyright infringement lawsuits.
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Common law vs equity
The Seventh Amendment to the United States Constitution is based on the distinction between common law and equity. The Amendment states that its requirements concerning jury trials apply in "suits at common law", not equity. The Amendment has two clauses: the Preservation Clause and the Re-examination Clause. The Preservation Clause sets out the types of cases juries are required to decide, providing for the right to a jury trial in certain civil cases. The Re-examination Clause prevents federal judges from overturning jury verdicts in certain ways.
In jurisdictions following the English common law system, equity is the body of law that was developed in the English Court of Chancery. In common law jurisdictions, "equity" refers to a particular body of rules that originated in a special system of courts. The Judicature Acts of the 1870s ended the institutional separation of common law and equity, and they are now administered concurrently. However, the reforms did not fuse the actual bodies of law.
Common law and equity differ in their remedies. Common law courts can only award monetary damages, whereas equity provides remedies such as specific performance, injunction, rescission, and rectification. Equity is also not bound by precedent or strict legal rules, allowing judges to use their discretion to administer justice in a particular case.
In cases of conflict between common law and equity, equity will prevail. For example, in the Earl of Oxford's Case, the court of common law ordered the payment of a debt that had already been paid, but the deed had not been cancelled. The court of equity granted an order preventing this and ratified the deed.
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Jury trial rights
The Seventh Amendment of the US Constitution grants a right to a jury trial in "Suits at common law". This amendment was drafted to address the concerns of Anti-Federalists, who protested the lack of a right to a civil jury trial in the federal Constitution. The Seventh Amendment has two clauses: the Preservation Clause and the Re-examination Clause.
The Preservation Clause states that "in Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved". This clause sets out the types of cases that juries are required to decide. The twenty-dollar threshold has not been subject to much scholarly or judicial writing and still remains applicable despite inflation since the late 18th century.
The Re-examination Clause states that "no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law". This clause prohibits federal judges from re-examining any fact tried by a jury, except as allowed by the common law.
The Seventh Amendment is based on the distinction between common law and equity. It applies to "suits at common law", not equity. Common law refers to the law as interpreted by judges in courts, rather than laws created by legislative bodies. In contrast, equity courts involve judges deciding on issues such as whether to grant a remedy for a breach of contract, rather than deciding on monetary awards.
The Supreme Court has interpreted the Seventh Amendment as being limited to "rights and remedies peculiarly legal in their nature, and such as it was proper to assert in courts of law and by the appropriate modes and proceedings of courts of law". This interpretation has been affirmed in various cases, including Shields v. Thomas in 1856 and Parsons v. Bedford in 1830.
The Seventh Amendment does not apply in all cases. For example, it does not apply to cases involving maritime law, lawsuits against the government, or proceedings related to the naturalization or deportation of aliens. Additionally, there is no right to a jury trial in civil actions involving claims that are essentially equitable in nature, such as those seeking injunctions or specific performance.
The Seventh Amendment also applies to civil trials, guaranteeing a minimum of six jurors and requiring unanimity among jurors. However, the amendment has never been incorporated at the state level, and there is no right to a jury of 12 persons.
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Civil cases
The Seventh Amendment of the US Constitution preserves the right to a trial by jury in civil cases, or 'suits at common law', where the value in controversy exceeds twenty dollars. This is known as the Preservation Clause. The Re-Examination Clause of the Amendment prevents federal judges from overturning jury verdicts, stating that "no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law".
In civil cases, the decision-maker (either a judge or jury) examines the facts of the case and applies the law to determine the legal consequences. The standard of proof in civil cases is a "preponderance of the evidence", meaning that the evidence presented by the winning side is more likely to be true than not. This is a less stringent standard than in criminal cases, where guilt must be proven "beyond a reasonable doubt".
The majority of civil cases are resolved prior to trial, either through judicial order or settlement between the parties. A motion for summary judgment can be filed, asking a judge to determine all or part of a case based on the information presented. Cases that do go to trial may involve a jury, as outlined in the Seventh Amendment, which guarantees a minimum of six members for a jury in a civil trial.
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Frequently asked questions
The Seventh Amendment is an amendment to the United States Constitution that is part of the Bill of Rights. It encompasses two clauses: the Preservation Clause and the Re-examination Clause.
The Preservation Clause states that "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved". The Re-examination Clause states that "no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law".
The Seventh Amendment aims to retain the common-law distinction between the roles of the court and the jury. It ensures that issues of law are resolved by the court, while issues of fact are determined by a jury.
The Seventh Amendment applies to "suits at common law", which involve the determination of legal rights, rather than suits involving only equitable rights and remedies. It does not apply to cases in admiralty and maritime jurisdiction or statutory proceedings unknown to common law.
The Seventh Amendment has been interpreted to encompass more than the common-law forms of action recognised in 1791. In Chauffeurs, Teamsters, and Helpers Local No. 391 v. Terry (1990), the Court clarified that it applies to any lawsuit in which parties' legal rights are to be determined.
