Preview

Importance Of The 7th Amendment

Good Essays
Open Document
Open Document
512 Words
Grammar
Grammar
Plagiarism
Plagiarism
Writing
Writing
Score
Score
Importance Of The 7th Amendment
The 7th

amendment is a very important amendment to the American Bill of Rights because it has to do

with how the judicial system is run. The amendment states that 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.

The 7th Amendment is one of the most important guidelines concerning our judicial

system. The Amendment rose out of controversy surrounding the original Constitution, as many

states felt it lacked enough information on how civil trials would proceed. Once the Amendment

was drafted,
…show more content…
This court system was modeled after the British courts.

Following the adoption of the Federal Rules of Civil Procedure in 1938, the situation

became more complicated. The law and equity branches of the civil court system were now

merged together into a single court. These caused problems to arise when a case was presented

that should have been split between both the equity and law branches. The solution was found

by the Supreme Court, in that the jury would first make the decision that would have been done

in the law branch, and the judge would then follow with his ruling in what would have been the

equity branch. Also, since monetary value has changed substantially since the 18th century,

common law trials are those which would measure out to be the equivalent of 20 dollars at the

time the Amendment was written.

The second part of the Amendment deals with court oversight in civil proceedings. Even

if the case is tried under the rules of the common law branch, the judge can still inform the jury

as to which evidence to disregard and which to hold as important. In extreme cases, the judge

You May Also Find These Documents Helpful

  • Good Essays

    After the verdict, knowing that the West Virginia’s Supreme Court of Appeals would consider the…

    • 523 Words
    • 3 Pages
    Good Essays
  • Satisfactory Essays

    HISTORY: At bench trial the District Court ruled for defendant, finding as a matter of law that…

    • 332 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    What legal question must the court decide, and what is the common law rule, constitutional provision or statute that the question will turn on?…

    • 496 Words
    • 2 Pages
    Good Essays
  • Good Essays

    The courtroom is where all the rulings take place and depending on the case, there can be…

    • 797 Words
    • 4 Pages
    Good Essays
  • Good Essays

    Palko Case Summary

    • 761 Words
    • 4 Pages

    State deprive any person of life, liberty, or property, without due process of law” would…

    • 761 Words
    • 4 Pages
    Good Essays
  • Satisfactory Essays

    •legal decisions were also now influenced by the judges’ interpretation of previous court decisions; this made rulings more consistent so that the same crime couldn’t be punished in two different ways…

    • 391 Words
    • 2 Pages
    Satisfactory Essays
  • Good Essays

    Jury and Angriest Juror

    • 899 Words
    • 4 Pages

    And all it takes is an approval from the Jurors and the judge and then the case would be kind of closed and then he would be…

    • 899 Words
    • 4 Pages
    Good Essays
  • Good Essays

    jury’s decision is not just based on evidence, as it should be, but on other external factors as well.…

    • 1363 Words
    • 6 Pages
    Good Essays
  • Good Essays

    Most people, without even knowing it, are frequently protected, or using, the Bill of Rights in their everyday lives. The amendments that affect my life the most are the 1st, 4th, and 9th where as the 7th, 6th, and 5th are not as relevant. The first amendment protects my freedoms of expression; religion, assembly, petition, press, and speech. The most used freedom of expression in my life is freedom of speech, the right to express my opinion in a peaceful way. Being able to say what I believe about the government, ways of life, causes I support, and other beliefs I disagree with is all defended by the 1st amendment. The 4th amendment is also very relevant in my life. The 4th amendment allows me to be safe and secure in my houses, persons, papers,…

    • 256 Words
    • 2 Pages
    Good Essays
  • Good Essays

    the judge at trial must be allowed to have the power to engage in the decision making process of…

    • 497 Words
    • 2 Pages
    Good Essays
  • Good Essays

    the sixth amendment essay

    • 893 Words
    • 3 Pages

    Karp, M. F. (2000). Sixth Amendment Right to Counsel. New York Law Journal , 233.…

    • 893 Words
    • 3 Pages
    Good Essays
  • Better Essays

    Also, I believe that people should be heard, it is necessary to separate the people differently, because there could be religious wars. Many believe that the best ways to solve this problem was to have the freedom to say whatever they wish to say. Religious wars would break out because people would like to choose their religion. Freedom of the press is important also because people would like to know what was going on in the world. The freedom of the press is important because we will be able to know things that we didn’t know before. The founding fathers made it clear that we have the right to say whatever we want and believe in any religion we would like to believe in. This is a good amendment because everyone has their opinions about things and it’s not right to take that privilege of choosing their religion away. The most important to me, as a catholic, is god and I believe that if I weren’t able to choose my religion, I wouldn’t be happy. Many could argue with me but this is my opinion, and I believe that this is a good amendment. In my opinion, people should separate themselves with people because they would start many religious wars. These wars are unnecessary because people should be able to choose who they want to worship, who they want to believe in. This right is a ticket to freedom and will help our society in many different ways. We say things today that people used to say and we don’t get in trouble, this is a start but we have a long way to go, people are still getting punished for things they say or things they put on the internet, however, it is the beginning to a new stage in our nation. Our society has changed, for the better and for the worst, but our society is preparing for the perfect…

    • 1223 Words
    • 5 Pages
    Better Essays
  • Good Essays

    In 1791, after the final completion of the warfare fought for our nation 's independence, our forefathers drafted and ratified the Constitution for the United States of America, which contained the single most important document for any American citizen - the Bill of Rights. This precious document outlined the basic rights sought after by all the nation 's citizens, ranging from the freedom of exercising one 's inborn rights to the constitutional rights given to each of the unique and individual thirteen colonies, now part of the United States of America. Specifically, the First Amendment includes the most important rights for a truly democratic society: the rights of religion, speech, press, assembly, and petition. Without these valued rights…

    • 901 Words
    • 4 Pages
    Good Essays
  • Powerful Essays

    The obliteration of the old Court of Chancery and the Common Law Courts, has led to the proposition that the distinction between law and equity is now outdated; that the two approaches are now ‘fused.’ On the contrary, the better analysis, is that the common law and equity remain distinct but mutually dependent features of law: ‘they are working in different ways towards the same ends, and it is therefore as wrong to assert the independence of one from the other as it is to assert that there is no difference between them.’…

    • 1981 Words
    • 8 Pages
    Powerful Essays
  • Good Essays

    Executive became judge and judge became executive vice versa because of lack of experience judiciary suffered as executive failed to do justice to judiciary.…

    • 1927 Words
    • 8 Pages
    Good Essays