What does this mean? It means that in any civil case where the potential award is more than twenty (20) dollars, the person who stands to lose the money has the right to insist that their case be heard by a jury. It also means that once this type of case is decided by a jury, it cannot be retried unless the rules of common law are upheld. The rules of common law are generally decided by either the States individually, or, in some cases, by local communities
2007-01-05 09:00:36
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answer #3
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answered by Melli 6
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Amendment VII (the Seventh Amendment) of the United States Constitution, which is part of the Bill of Rights, codifies the right to jury trial in certain civil trials. The Supreme Court has not extended the amendment to the states under the Fourteenth Amendment, as it has for many other components of the Bill of Rights.
The United States Constitution
is the supreme law of the United States of America. It was adopted in its original form on September 17, 1787 by the Constitutional Convention in Philadelphia, Pennsylvania and later ratified by state-selected delegates representing the people of the several states. When delegates in nine of the then thirteen states ratified the document, it marked the creation of a union of sovereign states, and a federal government to administer that union. It took effect on March 4, 1789, replacing the weaker, non-centralized union that existed under the Articles of Confederation. The Constitution of the United States is the oldest constitution for a federal system still in use. The original transcribed copy of the document is on display at the National Archives in Washington, D.C.
The Bill of Rights is the term used to describe the first ten amendments to the United States Constitution. These amendments limit the powers of the federal government, protecting the rights of the people by preventing Congress from abridging freedom of speech, freedom of the press, freedom of assembly, freedom of religious worship, the freedom to petition, and the right to keep and bear arms, preventing unreasonable search and seizure, cruel and unusual punishment, and self-incrimination, and guaranteeing due process of law and a speedy public trial with an impartial jury. In addition, the Bill of Rights states that "the enumeration in the Constitution, of certain rights, shall not be construed to deny or disparage others retained by the people," and reserves all powers not granted to the Federal government to the citizenry or States. These amendments came into effect on December 15, 1791, when ratified by three-fourths of the States.
Initially drafted by James Madison in 1789, the Bill of Rights was written at a time when ideological conflict between Federalists and anti-Federalists, dating from the Philadelphia Convention in 1787, threatened the Constitution's ratification. The Bill was influenced by George Mason's 1776 Virginia Declaration of Rights, the 1689 English Bill of Rights, works of the Age of Enlightenment pertaining to natural rights, and earlier English political documents such as the Magna Carta (1215). The Bill was largely a response to the Constitution's influential opponents, including prominent Founding Fathers, who argued that it failed to protect the basic principles of human liberty.
The Bill of Rights
plays a central role in American law and government, and remains a fundamental symbol of the freedoms and culture of the nation. One of the original fourteen copies of the Bill of Rights is on public display at the National Archives in Washington, DC.
The original documents actually contain twelve amendments; however, the first two were not initially ratified, though the second one was ratified two centuries later as the 27th Amendment. Since the first two amendments dealt with Congress itself rather than the rights of the people, the term "Bill of Rights" has traditionally meant only the amendments numbered "third" through "twelfth" in the documents, which were ratified as the first ten amendments; that traditional usage has continued even since the ratification of the 27th Amendment.
A jury trial
should not be confused with grand jury proceedings. The jury used for a trial can be referred to as a "petit jury" to distinguish it from a grand jury, used for indictments.
The Supreme Court of the United States (SCOTUS) is the highest judicial body in the United States and leads the judicial branch of the United States federal government.
The court consists of nine Justices: Chief Justice of the United States and eight Associate Justices of the Supreme Court of the United States. The Justices are nominated by the President and confirmed with the "advice and consent" of the Senate. Appointed to serve for life, they can be removed only by resignation, or by impeachment and subsequent conviction.
The Supreme Court is the only court established by the United States Constitution (in Article III); all other federal courts are created by Congress:
The judicial Power of the United States, shall be vested in one supreme Court, and in such inferior Courts as the Congress may from time to time ordain and establish. The Judges, both of the supreme and inferior Courts, shall hold their Offices during good Behavior, and shall, at stated Times, receive for their Services a Compensation which shall not be diminished during their Continuance in Office.
The Supreme Court
holds both original and appellate jurisdiction, with its appellate jurisdiction accounting for most of the Court's caseload. The court's original jurisdiction is narrowly focused, as defined in Article III, Section 2 ("In all Cases affecting Ambassadors, other public Ministers and Consuls, and those in which a State shall be Party, the supreme Court shall have original Jurisdiction"). The court's appellate jurisdiction encompasses "all cases" within the scope of Article III, but is subject to limitation by acts of Congress under the Exceptions Clause in Article III and by the discretion of the Court.
The Supreme Court meets in Washington, D.C., in the United States Supreme Court building. The Court is sometimes referred to by the abbreviations SCOTUS (Supreme Court of the United States) and USSC (United States Supreme Court). The Court's yearly terms usually start on the first Monday in October and finish sometime during the following June or July. Each term consists of alternating two week intervals. During the first interval, the court is in session ('sitting') and hears cases, and during the second interval, the court is recessed to consider and write opinions on cases they have heard.
The Fourteenth Amendment
to the United States Constitution is one of the post-Civil War amendments and it includes the Due Process and Equal Protection Clauses. It was proposed on June 13, 1866, and ratified on July 9, 1868.
The amendment provides a broad definition of national citizenship, overturning a central holding of the Dred Scott case. It requires the states to provide equal protection under the law to all persons (not only to citizens) within their jurisdictions.
Current Supreme Court Justice David Souter has called this amendment "the most significant structural provision adopted since the original framing". The true significance of the Amendment was not realized until the 1950s and 1960s, when it was interpreted to prohibit racial segregation in public schools and other facilities in Brown v. Board of Education.
2007-01-05 09:14:18
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answer #7
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answered by icanwallad 2
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