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Topic: Seventh Amendment to the United States Constitution


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 ELS - ERD - Law By Country - United States Substantive Law - Constitution of the United States   (Site not responding. Last check: 2007-10-22)
Amendment X. The powers not delegated to the United States by the Constitution, nor prohibited by it to the States, are reserved to the States respectively, or to the people.
The fourteenth amendment to the Constitution of the United States was proposed to the legislatures of the several States by the Thirty-ninth Congress, on the 13th of June, 1866.
The twenty-first amendment to the Constitution was proposed to the several states by the Seventy-Second Congress, on the 20th day of February, 1933, and was declared, in a proclamation by the Secretary of State, dated on the 5th day of December, 1933, to have been ratified by 36 of the 48 States.
www.law.emory.edu /FEDERAL/usconst/amend.html   (2843 words)

  
 Twenty-seventh Amendment to the United States Constitution - Wikipedia, the free encyclopedia
This amendment to the United States Constitution provides that any change in the salary of members of Congress may only take effect after the next general election.
The push for ratification began in earnest, and the amendment was finally ratified a decade later on May 5, 1992, when it was approved by the legislature of Alabama, the 38th state to assent, there being 50 states in the Union at the time.
Under the 1939 ruling of the United States Supreme Court in the landmark case of Coleman v.
en.wikipedia.org /wiki/Twenty-seventh_Amendment_to_the_United_States_Constitution   (1078 words)

  
 Seventh Amendment to the United States Constitution - Wikipedia, the free encyclopedia
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 Constitution of the United States of America: Analysis and Interpretation.
en.wikipedia.org /wiki/Seventh_Amendment_to_the_United_States_Constitution   (590 words)

  
 Second Amendment Foundation Online
Seventh: The right to bear arms in defense of themselves and of the State, subject to the power of the General Assembly to enact laws to prevent persons from carrying concealed weapons.
That the citizens of this State have a right to keep and to bear arms for their common defense; but the Legislature shall have power, by law, to regulate the wearing of arms with a view to prevent crime.
The State of California is an inseparable part of the United States of America, and the United States Constitution is the supreme law of the land.
www.saf.org /Constitutions.html   (2118 words)

  
 LII: Constitution
The right of the people to be secure in their persons, houses, papers, and effects, against unreasonable searches and seizures, shall not be violated, and no warrants shall issue, but upon probable cause, supported by oath or affirmation, and particularly describing the place to be searched, and the persons or things to be seized.
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 reexamined in any court of the United States, than according to the rules of the common law.
The powers not delegated to the United States by the Constitution, nor prohibited by it to the states, are reserved to the states respectively, or to the people.
www.law.cornell.edu /constitution/constitution.billofrights.html#amendmentx   (273 words)

  
 [No title]
We presume that it is the Seventh Amendment that Appellant intended to rely on as the source of her federal right to a jury trial since the provision cited by Appellant, Article 3, Section 2, deals with criminal trials.
Appellant argues that these constitutional rights "clearly take precedence over and should be found to overrule legislation and state case law inconsistent therewith." Appellant contends that section 9-14-105(a) and Boren are unconstitutional as applied in her case.
Both Article 2, Section 7 of the Arkansas Constitution and the Seventh Amendment to the United States Constitution establish a right to trial by jury only in those cases that were so triable at common law.
courts.state.ar.us /opinions/1996a/961209/96-854.txt   (1288 words)

  
 [No title]
Any action under this subsection may be brought in the district court of the United States for the district in which the defendant is located or resides or is doing business, and such court shall have jurisdiction to restrain such violation and to require compliance.
United States, 213 U.S. Virtually all of the decisions relied upon by petitioner for the proposition that statutory penalty actions should be tried to a jury (see Br.
In 1985, the United States successfully prosecuted petitioner for the construction of a 296-foot oyster shell road in a wetlands area.
www.usdoj.gov /osg/briefs/1986/sg860383.txt   (10340 words)

  
 AJS [American Judicature Society] - Right to Jury Trial
The guarantees of the Seventh Amendment are facially simple; however, a significant body of federal case law has developed explaining and defining the right.
Therefore, under the historical test, the first clause of the Seventh Amendment ensures jury trials in suits seeking legal remedies, those that empanelled a jury under the English common law at the time the amendment was adopted on December 15, 1791.
The second clause of the Seventh Amendment states, "[N]o fact tried by a jury, shall be otherwise reexamined in any Court of the United States, than according to the rules of the Common Law." The Supreme Court excludes remittitur and judgments as a matter of law from the Seventh Amendment definition of reexamination.
www.ajs.org /jc/juries/jc_right_fedcivil.asp   (851 words)

  
 99-1385 -- Schaeffer v. Clinton -- 02/13/2001
The Twenty-Seventh Amendment to the United States Constitution provides that "[n]o law, varying the compensation for the services of the Senators and Representatives, shall take effect, until an election of Representatives shall have intervened." The so-called "compensation amendment" was originally proposed in the First Congress on June 8, 1789, by James Madison.
Between 1789 and 1791, the amendment was ratified by six states and rejected by five and thus was not adopted.
United States House of Representatives, 525 U.S. 316, 328­34 (1999), in which the plaintiffs established standing by presenting persuasive statistical evidence demonstrating the dilution of their political influence (i.e., the power of their votes) resulting from the likely loss of congressional districts in their states.
www.kscourts.org /ca10/cases/2001/02/99-1385.htm   (3727 words)

  
 Why no jury trial? - Pit & Quarry
Seventh Amendment jury trials The Seventh Amendment of the United States Constitution provides that "[in] Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved.
The Supreme Court of the United States has ruled that the Seventh Amendment requires a jury trial in cases that are analogous to suits at common law including causes of action created by Congress.
The Supreme Court further held that the Seventh Amendment does not guarantee a jury trial as to the amount of civil penalties, noting that Congress had given this power to the trial judge.
www.pitandquarry.com /pitandquarry/article/articleDetail.jsp?id=17652   (992 words)

  
 Constitution for the United States of America
The President shall, at stated Times, receive for his Services, a Compensation, which shall neither be increased nor diminished during the Period for which he shall have been elected, and he shall not receive within that Period any other Emolument from the United States, or any of them.
A Person charged in any State with Treason, Felony, or other Crime, who shall flee from Justice, and be found in another State, shall on Demand of the executive Authority of the State from which he fled, be delivered up, to be removed to the State having Jurisdiction of the Crime.
The conventions of a number of the States having at the time of their adopting the Constitution, expressed a desire, in order to prevent misconstruction or abuse of its powers, that further declaratory and restrictive clauses should be added.
www.constitution.org /cons/constitu.htm   (4802 words)

  
 THE UNITED STATES CONSTITUTION - We the People
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 United States shall guarantee to every State in this Union a Republican Form of Government, and shall protect each of them against Invasion; and on Application of the Legislature, or of the Executive (when the Legislature cannot be convened) against domestic Violence.
ARTICLES in addition to, and Amendment of the Constitution of the United States of America, proposed by Congress, and ratified by the Legislatures of the several States, pursuant to the fifth Article of the original Constitution.
www.stlplaces.com /constitution   (7712 words)

  
 mandarb
As stated by Justice Story, "[o]ne of the strongest objections originally taken against the constitution of the United States was the want of an express provision securing the right of trial by jury in civil cases." Parsons v.
If this practice is allowed, the overwhelming majority of employees in the United States will be forced to choose between their fundamental right of access to courts, including the right to trial by jury, and providing an income for their family.
Unfortunately for employees seeking to exercise their constitutional right of access to courts and trial by jury, the majority of all other circuits who have reached the question have decided that the FAA does apply to employment contracts except for the contracts of employees who actually transport people or goods in interstate commerce.
www.mindspring.com /~jneedlel/mandarb.htm   (2107 words)

  
 Caps on Damamge Awards in Medical Malpractice Cases: Constitutional Challenges
Capping non-economic damage awards in medical malpractice cases is often proposed as a means to limit the burden of litigation and stem rising health care costs.(1,2) Such caps figure prominently in the current discussion of the so-called Patients' Bill of Rights.(3) Statutory limits on damage awards, however, present a few problems.
Arbitrary statutory caps on damage awards in medical malpractice cases have met with constitutional challenges claiming that such limits restrict the right of access to the courts for redress of injuries, deny equal protection, and violate substantive due process guarantees.
Several cases illustrate the dilemma of imposing caps that are meant to reduce the burden of litigation, but may be perceived as conflicting with constitutional principles.
www.aapsonline.org /jpands/hacienda/hiatt1.html   (1233 words)

  
 mandarb2
The district court dismissed the suit on the ground that the Plaintiff had voluntarily submitted his grievance to final arbitration, and the plaintiff was bound by the arbitrator's decision, which considered plaintiff's discrimination claim and resolved it adversely to him.
The United States District Court for the Northern District of California denied declaratory relief, and granted the employer's motion to compel arbitration.
She further testified that it was never explained to her that, under the documents she executed, she would be obligated to arbitrate any state or federal law discrimination claims, that she had never agreed to arbitrate state or federal law discrimination claims, and that she had never knowingly waived her rights to a judicial forum.
www.mindspring.com /~jneedlel/mandarb2.htm   (6247 words)

  
 FindLaw: Cases and Codes: U.S. Constitution
Twentieth Amendment - Commencement of the Terms of the President, Vice President and Members of Congress.
Twenty-First Amendment - Repeal of the Eighteenth Amendment
Twenty-Third Amendment - Presidential Electors for the District of Columbia
www.findlaw.com /casecode/constitution   (470 words)

  
 The Constitution of the United States of America   (Site not responding. Last check: 2007-10-22)
Aside from the idiosyncratic action of the Ohio legislature in 1873, which ratified the proposal in protest of a controversial pay increase adopted by Congress, the pay limitation provision lay dormant until the 1980s.
\2\A comprehensive, scholarly treatment of the background, development, failure, and subsequent success of this amendment is Bernstein, The Sleeper Wakes: The History and Legacy of the Twenty- Seventh Amendment, 61 Ford.
This document is sponsored by the United States Senate on the United States Government Printing Office web site.
www.gpoaccess.gov /constitution/html/amdt27.html   (263 words)

  
 Formation of the American Jury
The jury trial was a significant expression of "the consent of the governed" in American history.
This section of "The American Jury" provides resources and classroom strategies for exploring how the jury system worked and was understood in Pre-Revolutionary America and in the early history of the United States.
Article III, Section 2, Clause 3 of the United States Constitution
www.crfc.org /americanjury/formation.html   (191 words)

  
 [No title]
The right to jury trial is protected by the Seventh Amendment of the United States Constitution and Article I Section 21 of the Constitution of the State of Washington.
This right is afforded, in part, by Article I Section 23 of the Constitution of the State of Washington.
Protect Individual Rights: The WSBA will resist any infringement of the individual rights embodied in the Constitution of the United States of America and Constitution of the State of Washington.
www.wsba.org /info/bog/legislativeactionguidelines1.doc   (813 words)

  
 Timbu :: Musings: Jury Duty Redux   (Site not responding. Last check: 2007-10-22)
I have not yet been able to find a source to prove this one way or the other.
(It looks like the state department web site has the material, but it’s listed by country and I cannot seem to find a summary.
At least in the United States, assumming you are not branded an “unlawful combatant”, you are gauranteed the right to a trial by jury in the consitution several times.
www.timbu.org /mtblog/archives/000054.html   (579 words)

  
 FindLaw: U.S. Constitution: Seventh Amendment
Main Index : Cases and Codes : U.S. Constitution : Seventh Amendment
Appeals from State Courts to the Supreme Court
Great Lawyers: Find out how attorneys just like you achieved professional success and appeared in legal publication ads worth thousands of dollars at no cost to them.
caselaw.lp.findlaw.com /data/constitution/amendment07   (316 words)

  
 Constitution for the United States of America
To lay and collect Taxes, Duties, Imposts and Excises, to pay the Debts and provide for the common Defence and
Treason against the United States shall consist only in levying War against them, or in adhering to their Enemies, giving them Aid and Comfort.
Original date: 1995 September 25 — Updated: 2002 April 3
www.constitution.org /constit_.htm   (2670 words)

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