The following is a detailed study of the Seventh Amendment. This article is intended to supplement civics lessons for
homeschooled children and their parents. Following the article are questions
to help the student understand the concepts discussed. If you have additional
questions,;please;email;me;at;kmsmith@
acelaw.net.
Seventh Amendment to the
United States Constitution
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.
This amendment protects the right
to a jury trial in civil;court,;not;criminal
(remember that the Sixth Amendment
protects the right to trial by jury in criminal cases). If you have been harmed by
someone;else,;whether;through;a;breach
of a contract, personal injury, medical
malpractice,;or;anything;else;involving;a
breach of some duty that results in calculable monetary damages in excess of
$20.00,;you;have;the;right;to;a;trial;by;jury.
The;phrase;“common;law,”;found;in
this;clause,;is;used;in;contradistinction
to;equity,;and admiralty,;and mari-
time jurisprudence. . . . By common
law, [the Framers of the Amendment]
meant;.;.;. not;merely suits,;which
the common law recognized among
its;old and settled proceedings,;but
suits in which legal rights were to be
ascertained;and;determined,;in;con-
tradistinction to those where equitable
rights;alone;were;recognized,;and;eq-
uitable remedies were administered . . .
In;a;just;sense,;the;amendment;then
may well be construed to embrace all
suits which are not of equity and ad-
miralty;jurisdiction,;whatever;might
be the peculiar form which they may
assume to settle legal rights.
1
The appellants in Curtis argued that the
Seventh Amendment right only applied to
suits at common law and not to causes of
action that were created by legislation.
What does a suit at common law
mean?
The general principle behind suits at
common law is that someone owes an-
other a duty that is not spelled out in a
www.TheOldSchoolhouse.com
We the People
Kevin Mark Smith, Esq.
A Study of the
Seventh Amendment
This amendment protects the right to a jury trial in civil;court,;not;criminal.
