The Seventh Amendment: Right to a Jury in Federal Civil Trials | David J. Shestokas

See - The Seventh Amendment: Right to a Jury in Federal Civil Trials | David J. Shestokas





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The Founding Fathers had a healthy fear of government power. They relied upon citizen juries to check that power. The suspension of jury trials was one of Declaration of Independence grievances against King George.  The Constitution’s 7th Amendment reflects colonial history and beliefs.

John Adams described the place of the jury in the system of government:

“As the Constitution requires that the popular branch of the legislature should have an absolute check, so as to put a peremptory negative upon every act of the government, it requires that the common people, should have as complete a control, as decisive a negative, in every judgment of a court of judicature.”

No Provision for Civil Jury Trial in Original Constitution

The original Constitution contained a provision for jury trials in criminal cases in Article III, section 2, clause 3, but no provision for jury trials in civil[1] cases. During the ratification debates, the Constitution’s opponents pointed out this deficiency, and its proponents promised the First Congress would propose an amendment to address this issue.

In 1789, James Madison introduced 12 amendments to fulfill the promise. Ten were ratified in 1791[2] becoming the Bill of Rights. The Seventh Amendment guaranteed the right to a jury trial in federal civil cases.

Unlike state courts of which are courts of general[3] jurisdiction, federal courts have limited[4] jurisdiction. The Constitution lists specific types of cases that federal courts may decide,[5]  and gives Congress power to assign other areas of law to federal courts.  The Seventh Amendment applies to lawsuits a federal court may hear under a constitutional or congressional grant of jurisdiction.[6]

The Seventh Amendment

The Seventh Amendment 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.”

Civil Trials versus Criminal Trials

Civil cases settle disputes between private parties and claims for money by citizens against the government or by the government against citizens. Money damages are the primary remedy in a civil suit.[7] The Seventh Amendment guarantees a jury trial in Federal Court[8] in civil cases. It does not apply to civil cases in state courts.

Criminal trials determine if an individual has committed an act prohibited by law and are prosecuted by the government.  Criminal penalties may include money damages (fines), and a range of restrictions upon freedom. A case is considered criminal if the possibility of imprisonment exists.

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