The 7th Amendment, Essay Example

The 7th Amendment to the American Constitution is a part of the Bill of Rights. The 7th Amendment confers the right to a jury trial in certain civil trials. It was on September 12th 1787 that a Mr. Williamson of North Carolina ” observed to the house that no provision was yet made for juries in civil cases “.. (Rimkus Consulting Group Inc., 2010).  On Sept 15th 1787 it was moved that a suitable clause be inserted in the constitution and hence Article III S.2 and the 7th Amendment was born.

In traditional terms the Supreme Court interpreted this under English Common Law. A trial by jury of 12 just men. The main purpose of the amendment being to maintain a distinction between the court and the jurors.  The amendment applied to all courts that fall under the legal jurisdiction of the USA.  It was designed to protect the rights of all Americans ” preserve and protect the rights of Americans to have a trial by jury in ordinary civil law suits.”  (Free Advice, 2010).  It is argued that in today’s society the rights under the 7th Amendment are being challenged by the large Banks and Corporations.  They prefer to have legal disputes settled by arbitration as opposed to Jury trials which they claim are both expensive and unwarranted.  Some argue that this is a violation of their constitutional rights under the 7th Amendment ” “what’s the big deal? What difference is there if a case is heard by a judge or an arbitrator instead of a jury of your peers?”” (Free Advice, 2010).

In order to invoke the 7th Amendment a lawsuit has to be brought before a Federal Court and assert how the legal terms of the amendment apply. In Tull vs. USA (1987) it was pointed out that there is no legal recourse to a jury where civil action claims are deemed to be equitable by nature. In addition ” When a lawsuit involves mixed questions of law and equity, litigants may present the legal questions to a jury under the Seventh Amendment”  (Free Dictionary, 2010).  Snider v. Consolidation Coal Co., 973 F.2d 555 [7th Cir. 1992.

Works Cited

Free Advice. (2010). 7th Amendment to the US constitution. Retrieved 8 3, 2010, from Free Advice: http://law.freeadvice.com/resources/articles/seventhamendment.htm

Free Dictionary. (2010). Seventh Amendment. Retrieved 8 3, 2010, from Free Dictionary: http://legal-dictionary.thefreedictionary.com/Seventh+Amendment

Rimkus Consulting Group Inc. (2010, 8 3). Trial by Jury in Civil Cases. Retrieved 8 3, 2010, from Rimkus: http://caselaw.lp.findlaw.com/data/constitution/amendment07/01.html#1