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U.S. Constitution study guide: Difference between revisions
→Bill of Rights [Amendments 1-10]
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'''{{#tip-text:[Amendment 7 overview]|Seventh Amendment | '''{{#tip-text:[Amendment 7 overview]|Seventh Amendment | ||
* | * sets certain protections under federal law regarding | ||
* }}''' | ** right to jury trial in civil suits | ||
** protection against overruling jury decisions of fact (the "Rexamination clause")}}''' | |||
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 re-examined in any Court of the United States, than according to the rules of the common law. | In Suits at '''{{#tip-text:common law|"common law" = | ||
* rules of courts and lawsuits as established by long precedent (legal tradition and previous rulings) | |||
* the 7th Amendment regards civil and not criminal law suits}}''', where the value in controversy '''{{#tip-text:shall exceed twenty dollars, the right of trial by jury shall be preserved|jury trial in civil suits | |||
* preserves the right of a defendant to demand a jury trial in a civil case | |||
** however the value of the legal dispute must exceed $25.00 | |||
* under the common law at the time of adoption of the Constitution, jury trial meant: | |||
** jury of 12 men (changed to a minimum of 6 persons in 1973) | |||
** requires unanimous verdict | |||
** jury subject to a trial judge's instructions regarding the law and permissible evidence | |||
** also allowed the judge to discretion to over-rule the jury on a verdict that the judge deems violates the law or the evidence | |||
** note that this power of judge is not allowed in criminal trials}}''', and '''{{#tip-text:no fact tried by a jury, shall be otherwise re-examined in any Court of the United States|* the Rexamination Clause | |||
* prohibits any court from overruling a decision of fact by a jury | |||
** note that this does not mean a jury decision of guilt, which can be re-examined}}''', than according to the rules of the common law. | |||
=== Amendment 8 [excessive bail and limits on punishments]=== | === Amendment 8 [excessive bail and limits on punishments]=== | ||