Gavin Howe
The Seventh Amendment of the United States Constitution is considered one of the more straightforward amendments of the Bill of Rights. The amendment's two clauses, the Preservation Clause and the Re-examination Clause, 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 law and procedure of the courts that used juries, as opposed to Equity and other courts that did not. The amendment also prohibits overturning a jury's findings of fact in federal and specific state cases. The Supreme Court has interpreted the amendment as preserving the substance of the right to a jury trial, rather than mere matters of form or procedure.
| Characteristics | Values |
|---|---|
| Type of law | Common law |
| Cases covered | Civil cases |
| Cases excluded | Cases under maritime law, lawsuits against the government, and many parts of patent claims |
| Jury trial threshold | $20 (in 1791) |
| Jury trial threshold in 2024 dollars | $500 |
| Jury trial waiver | Allowed with consent of parties |
| Re-examination of facts tried by a jury | Not allowed |
| Common law definition | The law and procedure of the courts that used juries, as opposed to Equity and other courts that did not use juries |
| Applicable common law | English common law of 1791 |
| Preservation of jury trial right | In suits at common law where the value in controversy exceeds $20 |
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What You'll Learn
The Seventh Amendment and the right to a jury trial
The Seventh Amendment to the United States Constitution is considered one of the more straightforward amendments of the Bill of Rights. It guarantees the right to a jury trial in civil cases, ensuring 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 amendment aims to retain the common-law distinction between the roles of the court and the jury. This distinction ensures that issues of law are resolved by the court, while issues of fact are determined by the jury under the court's instructions.
The Seventh Amendment has two clauses: the Preservation Clause and the Re-examination Clause. The Preservation Clause, also known as the Jury Trial Clause, states that in civil cases where the value in dispute exceeds twenty dollars, the right to a trial by jury shall be upheld. This clause sets out the types of cases that juries are mandated to decide. The Re-examination Clause, or the Re-examination of Facts Clause, prohibits the re-examination of facts decided by a jury in any United States court, ensuring that the jury's findings of fact are final.
The interpretation of the Seventh Amendment has evolved over time, with the Supreme Court playing a pivotal role in clarifying its scope. In Parsons v. Bedford (1830), the Supreme Court interpreted the amendment as relying on English common law to determine the necessity of a jury trial in civil suits. This interpretation was reaffirmed in Thompson v. Utah (1898), establishing that English common law as it stood in 1791, when the Bill of Rights was ratified, was the relevant guide. The Supreme Court further clarified in Baltimore & Carolina Line, Inc. v. Redman (1935) that the amendment preserves the "substance" of the right to a jury trial, rather than mere procedural matters.
The Seventh Amendment's provision for jury trials in civil cases has not been incorporated at the state level, but almost every state constitution includes a provision for jury trials in civil matters. The amendment's protection against overturning a jury's findings of fact applies to federal cases, state cases involving federal law, and federal court reviews of state cases. Notably, the amendment does not guarantee a jury trial in cases under maritime law, lawsuits against the government, or certain patent claims.
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Common law and the value in controversy
The Seventh Amendment to the United States Constitution is considered one of the more straightforward amendments of the Bill of Rights. The amendment's two clauses, known as the Preservation Clause and the Re-examination Clause, pertain to "Suits at common law, where the value in controversy shall exceed twenty dollars".
The Preservation Clause ensures that in such cases, the right to a trial by jury is preserved. This clause sets out the types of cases that juries are required to decide. In late 18th-century England, juries in "common law" courts typically decided who won a case and how much money in damages the winning party would receive. The term "common law" in the Seventh Amendment refers specifically to the law and procedure of the courts that used juries, as opposed to Equity and other courts that did not. The amendment thus does not guarantee a trial by jury in cases under maritime law, in lawsuits against the government, or for many parts of patent claims.
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 the re-examination of facts decided by a jury in any United States Court, ensuring that the findings of fact by a jury are final.
The interpretation of the Seventh Amendment has evolved over time, with the Supreme Court playing a significant role in clarifying its scope. In Parsons v. Bedford (1830), the Supreme Court interpreted the amendment as relying on English common law to determine the necessity of a jury trial in civil suits. The Court further clarified this rule in Thompson v. Utah (1898), establishing that the relevant guide was English common law as it stood in 1791 when the Bill of Rights was ratified, rather than in the present day.
Despite the inflation since the late 18th century, the $20 threshold in the Seventh Amendment remains applicable. The lack of scholarly or judicial writing on this topic may contribute to its continued relevance despite the significant change in the purchasing power of $20 over time.
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The Re-examination Clause
The Seventh Amendment to the United States Constitution contains two clauses. The second clause is known as the Re-examination Clause. This clause declares:
> "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 Re-examination Clause refers to the law and procedure of the courts that used juries, as opposed to Equity and other courts that did not use juries.
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The role of the Supreme Court in interpreting the Amendment
The Seventh Amendment to the United States Constitution guarantees the right to a jury trial in civil cases. It states that in suits at common law, where the value in controversy exceeds twenty dollars, the right to a trial by jury shall be preserved. The Amendment also specifies that no fact tried by a jury shall be re-examined by any United States Court other than according to the rules of common law.
The Supreme Court has played a significant role in interpreting the Seventh Amendment, particularly in determining the types of cases that require a jury trial and the role of judges in reviewing jury verdicts. One of the key questions the Court has addressed is which "common law" the Amendment refers to, as different states had varying civil jury practices at the time of its ratification. In Parsons v. Bedford (1830), the Supreme Court held that the term “common law” in the Seventh Amendment refers to the common law of England. This interpretation, known as the historical test, was further clarified in Thompson v. Utah (1898) as referring specifically to the common law of England in 1791, when the Amendment was ratified.
In applying the historical test, the Supreme Court has decided that the substance of the English common law jury trial right in 1791 governs the meaning of the Seventh Amendment today. This means that the civil jury in the United States should resemble the eighteenth-century English jury. In Baltimore & Carolina Line, Inc. v. Redman (1935), the Court held that the Amendment preserves the "substance" of the right to a jury trial, rather than mere matters of form or procedure. The Court has also stated that the Amendment's guarantee of a jury trial encompasses any lawsuit in which parties' legal rights are to be determined, not just the common law forms of action recognised in 1791.
The Supreme Court has also addressed the role of judges in reviewing jury verdicts under the Seventh Amendment. In Chauffeurs, Teamsters, and Helpers Local No. 391 v. Terry (1990), the Court explained that issues of law are to be resolved by the court, while issues of fact are to be determined by the jury under the appropriate instructions by the court. This interpretation preserves the common law distinction between the province of the court and that of the jury.
Overall, the Supreme Court's interpretations of the Seventh Amendment have shaped the understanding of the right to a jury trial in civil cases and the respective roles of judges and juries in the United States legal system.
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The impact of the Seventh Amendment on civil cases
The Seventh Amendment to the United States Constitution is part of the Bill of Rights and guarantees the right to a jury trial in certain civil cases. It also inhibits courts from overturning a jury's findings of fact. The Amendment has two clauses: the Preservation Clause and the Re-examination Clause. The former provides that, in civil suits where the value in controversy exceeds twenty dollars, the right to a trial by jury shall be preserved. The second clause, the Re-examination Clause, states that no fact tried by a jury shall be re-examined by any United States Court other than according to the rules of common law.
The Seventh Amendment has been interpreted as relying on English common law to determine whether a jury trial is necessary in a civil suit. This interpretation is known as the historical test. The Supreme Court has clarified that the relevant guide is the common law of England at the time of the Amendment's adoption in 1791, rather than that of the present day. This test preserves the "'substance' of the right to a jury trial, rather than 'mere matters of form or procedure'".
The Seventh Amendment is unusual in that it requires civil jury trials only in federal courts. The US Supreme Court has not required states to hold civil jury trials, but nearly all states have rights to civil jury trials in certain cases in their state constitutions. The Amendment does not guarantee a jury trial in cases under maritime law, lawsuits against the government, and for many parts of patent claims.
The Seventh Amendment has had a limited impact on civil cases, with juries deciding less than one percent of civil cases filed in court. However, it has been interpreted to include any lawsuit in which parties' legal rights are to be determined, rather than only the common law forms of action recognised in 1791. The Amendment thus ensures that issues of fact are determined by a jury, while issues of law are to be resolved by the court.
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Frequently asked questions
The Seventh Amendment is an amendment of the United States Constitution that guarantees the right to a jury trial in certain civil cases.
The term “common law” in the Seventh Amendment refers to the law and procedure of the courts that used juries, as opposed to Equity and other courts that did not use juries. The Supreme Court has interpreted the term to mean the common law of England at the time of the amendment's ratification in 1791.
The Preservation Clause is the first clause of the Seventh Amendment, which 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 Re-examination Clause is the second clause of the Seventh Amendment, which 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 prohibits the re-examination of facts decided by a jury in any United States Court, except in accordance with the rules of common law.
