THE 7TH AMENDMENT: THE RIGHT TO A CIVIL JURY The Seventh Amendment says: “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.” There is a phrase in there that deserves a lot more attention: “SUITS AT COMMON LAW.” What does that actually mean? In the constitutional context, common law refers to the body of law developed through judicial decisions and legal precedent. But the Seventh Amendment uses the phrase more specifically. It generally refers to the kinds of legal rights and remedies that were traditionally handled by courts of law, as opposed to matters historically handled through equity or admiralty. That distinction matters. The Seventh Amendment was not simply saying that everyone automatically gets a jury in every civil case. It preserved the historical right to a jury in qualifying civil disputes. And the word “preserved” is important. The Founders were protecting a right that already existed as part of the Anglo-American legal tradition. The jury wasn't supposed to be nothing more than an accessory to the courtroom. In qualifying cases, citizens have a role in determining disputed facts. The judge generally determines questions of law. The jury generally determines questions of fact. The amendment also says that once a fact has been tried by a jury, it cannot simply be reexamined however a court wants. There are constitutional limits on how those factual findings can be reviewed. And there's another important point: “Common law” does NOT mean that someone can simply declare a case to be “common law” and automatically demand a jury. Courts look at the nature of the claim and the remedy being sought to determine whether the Seventh Amendment's jury guarantee applies. The Seventh Amendment applies to qualifying civil cases in federal court. It is different from the Sixth Amendment, which protects the right to a jury in criminal prosecutions. The Seventh Amendment is ultimately about preserving the role of ordinary citizens in the federal civil justice system. Know the words. Know what “common law” means. And know what the Seventh Amendment actually protects. Americanrightsnetwork.com