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The Seventh Amendment (Amendment VII) to the United States Constitution is part of the Bill of Rights. This amendment, first introduced in 1789, 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 is generally considered one of the more straightforward amendments of the Bill of Rights.
| Characteristics | Values |
|---|---|
| Part of | US Constitution |
| Type of Amendment | Straightforward |
| Purpose | To codify the right to a jury trial in certain civil cases and to inhibit courts from overturning a jury's findings of fact |
| Number of Clauses | 2 |
| First Clause | Preservation Clause |
| First Clause Provision | "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved" |
| Second Clause | Re-examination Clause |
| Second Clause Provision | "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" |
| Applicability | Only to federal civil courts and not to civil courts set up by states |
| Number of States with a Provision for Jury Trials in Civil Cases in their Constitution | Almost every state |
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What You'll Learn
The Preservation Clause
The Seventh Amendment to the United States Constitution is part of the Bill of Rights. It comprises two clauses, the first of which is the Preservation Clause. This 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 Seventh Amendment was proposed by James Madison in 1789, along with other amendments, in response to Anti-Federalist objections to the new Constitution. It was ratified by the necessary three-quarters of the states by December 15, 1791. The Amendment is generally considered one of the more straightforward amendments of the Bill of Rights.
While the Seventh Amendment's provision for jury trials in civil cases has never been applied to the states, almost every state has a provision for jury trials in civil cases in its constitution. The Amendment has been interpreted to preserve the "'substance' of the right to a jury trial, rather than 'mere matters of form or procedure'".
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The Re-examination Clause
The Seventh Amendment to the United States Constitution is part of the Bill of Rights. It was proposed by James Madison in 1789 and ratified by the necessary three-quarters of states by December 15, 1791. The Seventh Amendment is generally considered one of the more straightforward amendments of the Bill of Rights.
The second clause of the Seventh Amendment is known as the Re-examination Clause. This clause prevents federal judges from overturning jury verdicts in certain ways. 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 clause forbids any court from re-examining or overturning any factual determinations made by a jury, guaranteeing that facts decided by that jury cannot be re-examined at a later date. The term "common law" here refers to the law and procedure of the courts that used juries, as opposed to Equity and other courts that did not use juries.
Exceptions to this prohibition are possible if it is later determined that legal errors were made or evidence submitted was insufficient. In such cases, the re-examination is conducted by another jury, so the decision is still left in the hands of the people. The Re-examination Clause applies not only to federal courts but also to cases tried before a jury in a state court and brought to the Supreme Court on appeal.
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Civil jury trials in federal courts
The Seventh Amendment to the United States Constitution is part of the Bill of Rights. This amendment codifies the right to a jury trial in certain civil cases and inhibits federal courts from overturning a jury's findings of fact. An early version of the Seventh Amendment was introduced in Congress in 1789 by James Madison, along with other amendments, in response to Anti-Federalist objections to the new Constitution.
The Seventh Amendment has two clauses. 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". This clause sets out the types of cases juries are required to decide. The second clause, known as the Re-examination 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". This clause prevents federal judges from overturning jury verdicts in certain ways.
The Seventh Amendment continues a practice from English common law that distinguishes civil claims that must be tried before a jury (unless there is a waiver by the parties) from claims and issues that may be heard by a judge alone. It only governs federal civil courts and does not apply to civil courts set up by individual states when those courts are hearing disputes of state law. The Amendment is generally considered one of the more straightforward amendments of the Bill of Rights.
The civil jury was an old English institution, even older than the criminal jury. Since the Middle Ages, the English had used juries of persons not trained in law to decide certain civil cases. There were always some English courts that did not use juries. In these courts, judges decided cases. The most important of these juryless courts was Chancery, also known as Equity. As the desire of American colonists for independence from Britain grew in the eighteenth century, the jury in America became more important.
The United States is almost the only nation that continues to require civil jury trials. Civil juries similar to those in the United States are not part of the legal traditions of Continental Europe or the legal systems derived from those traditions, including in Latin America and Asia. Even in England and its former colonies of Canada, Australia, and New Zealand, civil jury trials have been virtually abolished.
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The right to a jury trial in civil cases
The Seventh Amendment of the United States Constitution, or Amendment VII, is a part of the Bill of Rights. This amendment was first introduced in 1789 by James Madison, in response to Anti-Federalist objections to the new Constitution. The Seventh Amendment guarantees the right to a jury trial in certain civil cases and prevents courts from overturning a jury's findings of fact.
The 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 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 prevents federal judges from overturning jury verdicts.
The Seventh Amendment continues a practice from English common law, which distinguished civil claims that must be tried before a jury from claims and issues that may be heard by a judge alone. The civil jury was an old English institution, dating back to the middle ages, and was used to decide certain civil cases. The Amendment only governs federal civil courts and does not apply to civil courts set up by the states when those courts are hearing disputes of state law.
The United States is almost the only nation that continues to require civil jury trials. Civil juries similar to those in the US are not part of the legal traditions of Europe, Latin America, or Asia. Even in England and its former colonies of Canada, Australia, and New Zealand, the civil jury trial has been virtually abolished.
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The role of the jury in the English legal system
The 7th Amendment of the US Constitution is part of the Bill of Rights and it codifies the right to a jury trial in certain civil cases and inhibits courts from overturning a jury's findings of fact. The amendment continues a practice from English common law that distinguishes civil claims that must be tried before a jury from claims and issues that may be heard by a judge alone.
The jury system developed in England during the Middle Ages and is a hallmark of the English common law system. The role of the jury in the English legal system is to weigh up the evidence and decide on the true facts of the case. The judge gives direction to the jury on the relevant law, which the jury then applies to the facts of the case to reach a verdict. The jury is considered fundamental to the English legal system, playing a vital role in ensuring that the criminal justice system works for the benefit of the public and promoting a healthy society. Juries are randomly selected from a wide range of the population, reflecting the views of society and acting as a safeguard for individual liberties.
In England, the right to a jury trial is not contained in the constitution but is governed by the ordinary Act of Parliament, which can be amended by Parliament at any time. The Juries Act 1974 is the main statute governing the present-day jury. The role of the jury is almost entirely limited to more serious criminal cases, with juries occasionally sitting in civil trials.
The history of trial by jury in England is influential, with many English colonies adopting the English common law system. The English king Æthelred the Unready issued a legal code requiring twelve leading minor nobles to swear to investigate crimes without bias. In the 12th century, Henry II took a significant step in developing the jury system, setting up a system to resolve land disputes using juries of twelve free men. Henry also introduced the "grand jury".
In recent years, the jury trial has come under attack, with governments attempting to reduce the use of juries in criminal cases to save money. The Criminal Law Act 1977 removed the right to a jury trial for a number of offences, making most driving offences and minor criminal damage cases summary-only. Despite these changes, the jury remains an important part of the English legal system, providing impartiality and ensuring justice is served.
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Frequently asked questions
The 7th Amendment, or Amendment VII, is part of the Bill of Rights and was first introduced in 1789.
The 7th Amendment guarantees the right to a jury trial in certain civil cases and prevents courts from overturning a jury's findings of fact.
Civil cases are trials that are heard by a jury, as opposed to Equity and other courts that are heard by a judge.
The 7th Amendment was drafted by James Madison in response to Anti-Federalist objections to the new Constitution. It was proposed to the states for ratification on September 25, 1789, and by December 15, 1791, it had been ratified by the necessary three-quarters of the states.
