The 7th Amendment is essential for you as a consumer. The Amendment helps protect you in cases of personal injuries. We look at what the 7th Amendment does and how it protects you in personal injury cases.
What is the 7th Amendment?
The 7th Amendment was ratified as part of the Bill of Rights in 1791 as an amendment to the U.S. Constitution. A 7th Amendment court only applies to federal courts, not state or local courts. The amendment has two important clauses (parts). These clauses are:
The Preservation Clause
In the first clause or part of the 7th Amendment, the Preservation Clause states, “In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.” A trial by jury means citizens decide a case instead of a judge unless both parties decide they want a judge instead of a jury. This means that people have the right to a trial by jury if the money or property in civil cases is worth more than $20. During colonial times, $20 was a lot of money. However, the monetary threshold is now higher than when the amendment was created. Federal law now requires a disputed amount of over $75,000 to be heard by a federal court.
The Re-examination Clause
The second clause states that “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.” This means that a judge cannot reexamine and overturn the jury’s decision.
Importance of the 7th Amendment in Civil Law
The 7th Amendment’s purpose is to create rules for civil trials to ensure that a jury of peers decides civil cases. A jury of peers prevents the government from deciding civil disputes unilaterally without checks and balances. Jury trials allow facts to be presented, evaluated, and judged by ordinary citizens. These trials ensure fair, impartial decision-making processes. The 7th Amendment empowers citizens to participate in the justice system. Citizen participation reflects a community’s standards and values in legal decisions.
How is the 7th Amendment Important for Personal Injury Cases?
The foremost reason the 7th Amendment is important for personal injury cases is the right to a trial by jury in civil cases. These cases include property disputes, breaches of contract, and personal injury lawsuits. Examples are plaintiffs challenging a large corporation in federal court over nursing home abuse or medical malpractice. Instead of arbitration which involves giving the decision to a third party that might not be impartial or decision-making from a judge who, again, may not be impartial, plaintiffs present their evidence to ordinary people like themselves. These people weigh the evidence, hear testimony, and decide on the plaintiff and defendant’s claims and evidence.
Does Your Case Fall Under the 7th Amendment?
The primary reason to determine if your case qualifies for a 7th Amendment case is the case must be a civil case such as a personal injury case, breach of contract, or property dispute. The case is usually against a corporation or organization. The amount in the controversy must exceed $75,000, and the case must be a federal case.
The 7th Amendment is necessary to ensure you receive the justice and compensation you deserve in a personal injury case. Wayne Parsons Law Office is committed to this ideal of justice by representing your rights in court. Contact us today.