Friends and neighbors,
As you may have noticed, the first six amendments in the Bill of Rights each relate, in some way, to a situation in which the government’s ability to interfere with a person’s fundamental rights is limited.
In my last update, I discussed the final of these six amendments: the Sixth Amendment and the rights afforded to a criminal defendant like a speedy public trial, an impartial jury, the ability to confront adverse witnesses, and the right to an attorney if one cannot be afforded.
This week, I will discuss the Seventh Amendment. It reads:
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 summary, there are two types of trials in the United States: criminal and civil.
In a criminal trial, the government has the burden of proof of showing that the person accused of the crime, did in fact commit the crime beyond a reasonable doubt. If proven, jail time, probation and fines are used.
In a civil trial, one private party – the plaintiff – is suing the other private party – the defendant – for a wrong committed by the defendant that caused some sort of harm. Each must prove their case but by a preponderance of evidence, which is a lower bar to reach than criminal trials. Civil trials can include judgements of money for costs like attorneys, costs from the wrongdoing or pain and suffering, loss of past and/or current wages etc.
The Seventh Amendment’s right to a jury trial is only implicated in civil suits between two individuals when two conditions are met.
First, in a situation where the relief sought exceeds $20.
And second, when the claim against the other person is of the type that would have been recognized under the common law in England in 1791 (the year in which the Bill of Rights was ratified). The second condition was articulated by the U.S. Supreme Court in 1898 in the Thompson v. Utah decision, when the Court used this “fixed historical test” to determine what claims fall under the Seventh Amendment’s protections.
Additionally, suits in common law are those that provide a monetary relief, like a claim for damages after a car accident or damages from a breach of contract. The Seventh Amendment does not apply, however, to claims for equitable relief like an injunction or a temporary restraining order, which affect a person’s legal right to do something. They also do not apply to criminal trials, since the Fifth and Sixth Amendments discussed earlier protect a criminal defendant’s trial rights. In addition, the $20 “value in controversy” requirement has been strictly interpreted ever since the Seventh Amendment’s ratification in 1791. It is a fixed dollar amount that has not changed with the times or inflation.
The last clause of the Seventh Amendment, which also only pertains to civil suits, protects a jury’s autonomy by preventing a judge or a reviewing court from overturning a factual determination made by a jury. However, there are exceptions to this, such as when evidence is improperly admitted into the trial. The remedy for a breach of this right is generally that a new jury will rehear the case. A lower court decision can be appealed resulting in upholding a decision or reversing it.
While the Seventh Amendment does not get the same attention as some of the earlier amendments in the Bill of Rights, the right to a jury trial in many civil cases is a staple in our American legal heritage.
Next week, I will discuss the Eight Amendment’s prohibition against excessive bail and fines as well as cruel and unusual punishments.
I enjoy hearing from you about our Constitution and the rights it affords us. You need to know your rights to use them. There is no other country that has such a strong constitution. You can call me at 651-296-5655 or send me an email at sen.mary.kiffmeyer@senate.mn. Please also take time to talk with others about our timeless and incredibly valuable Constitution that is available to you and in use every day of your life.
Sincerely,
Mary