The Trial by Jury Clause...The Seventh Amendment

The Seventh Amendment guarantees the right to a trial by jury, not in criminal cases--that's the Sixth Amendment--in "common law" cases, aka. civil cases.  This is going to be so short, it wasn't going to be worth its own blog...but...

"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."

"In suits at common law,..."

Suits, as in lawsuits.  Common law, aka. civil law.  Civil lawsuits where two parties are in conflict over something non-criminal.  The neighbor's tree squishing your car during a storm.  A divorce.  Wrongful death lawsuits have been the most notorious--ie. OJ Simpson may not have lost his liberty and was protected by Double Jeopardy.  But, he paid the families dearly after basically admitting his guilt in his book.

"...where the value in controversy shall exceed twenty dollars, ..."

Pretty self explanatory.  At one point, the argument was made that a human body was only worth the chemical make-up of the body which at the time was less than $20.  The counter-argument that won out is that a human being is worth what potential they had if they lived a normal life--which for the average person is a heck of a lot more than $20.  To be honest, cadavers go for over a couple hundred dollars when donated to science.  So yea...

"...the right of trial by jury shall be preserved,..."

Self explanatory.  When you sue your neighbor for ruining your new Honda because of that eye sore tree that has been falling out of its roots, bam.  You can request a jury.  Makes more sense to have a jury trial for a class action lawsuit against the cigarette companies...More sympathy, more compensation.  I don't think that is what the Founding Fathers had in mind, but civil cases are really what keep some companies in check.  An interesting twist on an Amendment that I'm sure law schools dedicate several classes to.  For the layman, the basic gist is simple though.

"...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."

Once a jury has spoken, the case is just like any criminal case in the fact that only the appeals process can address the issue from then on.  We all know the appeals process can be lengthy and time consuming based on television and the little bit that most of us see whenever a death row inmate is about to be executed.  (Amazing how much of our limited knowledge comes from television and limited exposure to the criminal legal system.)

That's it.  It gets very, very, very complicated very quickly.  Like I stated earlier, civil lawsuits have class upon class upon class in law schools.  Civil law is far more complicated because civil law is the majority of our laws.  Tax laws, public health codes, false advertising, improper manufacturing or design, medical malpractice...and that's just the stuff I can think of off the top of my head.  Lawyers are way, way better suited to explain what is or isn't case worthy.  This may have started to ensure that if a neighbor stole your cow, you could get your money or your cow back, but wow.  How it evolved.

SPOILER ALERT:  Believe it or not...the Eight Amendment is one of the shortest, but it's going to be a longer blog.  Go figure.