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US Constitution study guide: Difference between revisions

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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]===