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Old 05-18-2006, 10:26 PM
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7th Amendment Question


What is the name of your state? Arkansas

I was reading the Bill Of Rights and I'm not sure I understand the 7th amendment.


Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of 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.

Does this mean that anytime someone is sued for an amount greater than $20, they can demand a jury trial?
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Old 05-18-2006, 10:31 PM
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The Amendment governs only courts which sit under the authority of the United States, including courts in the territories and the District of Columbia, and does not apply generally to state courts.

But when a state court is enforcing a federally created right, of which the right to trial by jury is a substantial part, the States may not eliminate trial by jury as to one or more elements. Ordinarily, a federal court enforcing a state-created right will follow its own rules with regard to the allocation of functions between judge and jury, a rule the Court based on the ''interests'' of the federal court system, eschewing reliance on the Seventh Amendment but noting its influence.
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Old 05-19-2006, 09:53 AM
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Quote:
Originally Posted by NotAnAttorney
What is the name of your state? Arkansas

I was reading the Bill Of Rights and I'm not sure I understand the 7th amendment.


Amendment VII
In suits at common law, where the value in controversy shall exceed twenty dollars, the right of 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.

Does this mean that anytime someone is sued for an amount greater than $20, they can demand a jury trial?
Generally (and that is a big if) jury trials are allowed in most states in most civil cases (except small claims).
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Old 05-31-2006, 12:43 AM
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Nice cut & paste, Belize
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