Keith Mack
The Seventh Amendment to the United States Constitution contains two clauses: the Preservation Clause and the Re-examination Clause. The Seventh Amendment guarantees the right to a jury trial in civil cases where the value in controversy exceeds twenty dollars, as well as protecting the right of jury trial from indirect impairment through possible enlargement of the courts' power of reexamination under the common law. The term common law in the Seventh Amendment refers to the common law of England as it existed in 1791, when the amendment was adopted. This interpretation was established in Parsons v. Bedford (1830) and reaffirmed in Dimick v. Schiedt (1935).
| Characteristics | Values |
|---|---|
| Number of clauses | 2 |
| First clause | Preservation Clause |
| Second clause | Re-examination Clause |
| Cases covered | Suits at common law |
| Value in controversy | Exceeds $20 |
| Right | Trial by jury |
| Re-examination | Only by a new trial granted by the trial court or when ordered by an appellate court for error in law |
| Type of cases | Civil cases |
| Type of courts | Federal courts |
| Not applicable | State courts |
| Not applicable | Cases under maritime law |
| Not applicable | Lawsuits against the government |
| Not applicable | Parts of patent claims |
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What You'll Learn
The Preservation Clause
The Seventh Amendment to the United States Constitution contains two clauses: the Preservation Clause and the Re-examination Clause. The Preservation Clause, also known as the first clause, guarantees a jury trial in civil cases in federal court. The clause provides 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 term "common law" in the Seventh Amendment refers to the common law of England, specifically the common law of English courts in 1791, when the Amendment was ratified. This interpretation is known as the historical test. The Preservation Clause sets out the types of cases juries are required to decide.
The Seventh Amendment was drafted by James Madison in response to the Anti-Federalists' concerns about the lack of a right to civil jury trial in the federal Constitution. The Anti-Federalists argued that juries could protect litigants from bad laws, tyrannical executive actions, and corrupt or biased judges.
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The Re-examination Clause
The Seventh Amendment to the United States Constitution contains two clauses: the Preservation Clause and the Re-examination Clause. The Re-examination Clause, also known as the "No Re-examination Clause", is the second clause of the Seventh Amendment. It states:
> "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 term "common law" in the Seventh Amendment refers to the common law of England, the rules of which allow a re-examination only by a new trial granted by the trial court or when ordered by an appellate court for error in law. The Supreme Court has interpreted the Amendment according to the common law of England at the time it was ratified in 1791. This interpretation is known as the historical test.
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Jury trial rights
The Seventh Amendment to the United States Constitution guarantees the right to a jury trial in civil cases. The Amendment has two clauses: the Preservation Clause and the Re-examination Clause.
The Preservation Clause provides 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 Amendment's twenty-dollar threshold has not been the subject of much scholarly or judicial writing and still remains applicable despite inflation.
The Re-examination Clause declares 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 protects the right of jury trial from indirect impairment through the enlargement of the courts' power of re-examination under the common law.
The Seventh Amendment is generally considered one of the more straightforward amendments of the Bill of Rights. It was drafted by James Madison in response to the Anti-Federalists' concerns about the lack of a right to a civil jury trial in the federal Constitution.
The Amendment's reference to "common law" has been interpreted to mean the common law of England as it existed in 1791 when the Amendment was ratified. This interpretation was established in Parsons v. Bedford (1830) and reaffirmed in Dimick v. Schiedt (1935).
The Seventh Amendment does not apply to cases in admiralty and maritime jurisdiction, nor to statutory proceedings unknown to the common law, such as applications to a court of equity to enforce an order of an administrative body. It also does not guarantee a jury trial in lawsuits against the government or for many parts of patent claims. However, the Amendment does apply to actions enforcing statutory rights and requires a jury trial upon demand if the statute creates legal rights and remedies enforceable in an action for damages in the ordinary courts of law.
The right to a civil jury trial only applies in federal courts, not to suits decided by state courts. However, almost every state has a provision for jury trials in civil cases in its constitution. The prohibition of overturning a jury's findings of fact applies to federal cases, state cases involving federal law, and the review of state cases by federal courts.
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Common law definition
The Seventh Amendment to the United States Constitution contains two clauses, both of which refer to the preservation of the right to a jury trial in civil cases. The first, known as the Preservation Clause, states:
> "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved."
The second clause, known as the Re-examination Clause, states:
> "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 term "common law" in the Seventh Amendment is used to refer to the law and procedure of the courts that used juries, as opposed to Equity and other courts that did not. In other words, it refers to the common law of England, which was the common law of 1791, when the Amendment was ratified, rather than that of the present day. This interpretation was confirmed by the United States Supreme Court in Parsons v. Bedford (1830) and Dimick v. Schiedt (1935).
The Seventh Amendment thus guarantees the right to a jury trial in civil cases where the value in controversy exceeds twenty dollars. This right is preserved in the substance of the law, not mere matters of form or procedure. The Amendment does not apply to cases in admiralty and maritime jurisdiction, nor to statutory proceedings unknown to the common law, such as an application to a court of equity to enforce an order of an administrative body.
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Applicability and exceptions
The Seventh Amendment guarantees the right to a jury trial in civil cases. However, this right only applies to federal courts and not to suits decided by state courts. The Seventh Amendment has been interpreted to mean that the right to a jury trial is preserved in cases where the value in controversy exceeds twenty dollars, as was the threshold in 1791. This is despite the inflation that has occurred since, with $20 in 1791 being equivalent to $500 in 2024.
The Amendment does not apply to cases in admiralty and maritime jurisdiction, nor to statutory proceedings unknown to the common law, such as an application to a court of equity to enforce an order of an administrative body. It also does not guarantee a trial by jury in lawsuits against the government itself and for many parts of patent claims.
The Supreme Court has stated that the Amendment preserves the "substance" of the right, not "mere matters of form or procedure". This has been interpreted to mean that the substance of the English common law jury trial right in 1791 governs the meaning of the Seventh Amendment today. This was further clarified in 1898, which established that the relevant guide was English common law as it stood in 1791, not the present day.
The right to a jury trial under the Seventh Amendment has been extended beyond the common-law forms of action recognised in 1791. This includes copyright, fair use, trademark, patent, personal injury, and other tort and contract disputes. The Amendment has also been interpreted to apply to actions enforcing statutory rights, where the statute creates legal rights and remedies enforceable in an action for damages in the ordinary courts of law.
The granting of a new trial by a court does not violate the Seventh Amendment, as it permits the judicial authority to grant new trials according to the rules of common law.
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Frequently asked questions
The Seventh Amendment to the United States Constitution contains two clauses that guarantee the right to a jury trial in civil cases where the value in controversy exceeds twenty dollars.
The term "common law" in the Seventh Amendment refers to the common law of England, which was the law and procedure of the courts that used juries. This was clarified by the United States Supreme Court in Parsons v. Bedford (1830).
The first clause, known as the Preservation Clause, provides for the right of trial by jury. The second clause, known as the Re-examination Clause, declares 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.
