Friday, November 4, 2011

Seventh Amendment

[Trial by Jury in Civil Cases]

"In suits at common law, where the value in controversy shall exceed twenty dollars, the right of a trial by jury shall be preserved, and no fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the common law."


This is basically just reiterating an accused's right to have a trial by jury in most civil cases and also guarantees that facts decided by those juries cannot be reexamined at a later date. The right to trial by jury is one of the most frequently mentioned rights in the Bill of Rights. It was clearly very important to America's Founding Fathers. Additionally, during the 1700s, twenty dollars was a lot more money than it is today. Now, for any dispute involving less than $1,500.00 small claims court will handle the case without a jury. Personally, I feel that this amendment doesn't even need to be a part of the Constitution. It seems that it is just repeating what has already been said.


Court room based, reality TV shows, such as Judge Judy, are set in small claims court. Basically, small claims courts limit claims for damages to a certain amount of money, ranging from $2,500-$5,000. Small claims cases typically involve fender benders, property damage, disputes over security deposits, personal debt, and unsatisfactory consumer goods. Judge Judy can actually be a good example of showing exactly what small claims court is like--minus the drama. For example, by watching, the viewer can clearly see that there are not any lawyers in the court room, because it is typical for many small courts to not allow lawyers in the courtroom.


Again, this is just repeating the right to a jury. The only difference between this amendment and the others is that this one  is referring to civil cases. It seems that in the fifth and sixth amendments, where rights of the accused are mentioned, this amendment could be squeezed in. Because it is basically just repeating the same rights but adding civil instead of implying a federal case.

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