The Seventh Amendment Right to a Civil Jury Trial: The Supreme Court Giveth and the Supreme Court Taketh Away
University of Baltimore Law Review, Vol. 31, No. 2, 2002
48 Pages Posted: 7 Apr 2013
Date Written: 2002
Abstract
This article examines the Supreme Court’s jurisprudence relating to the historic Seventh Amendment right to a jury trial. I describe the three-prong analysis that the Court employs, analyze the Court’s decisions that analyze the jury trial, and conclude that the Court’s decisions are consistent with its Seventh Amendment line of cases in which it emphasizes the preservation of the basic right to jury under the first inquiry, while it de-emphasizes the essence and scope of that right under the second and third inquiries.
Keywords: Supreme Court, jury trial, Seventh Amendment, jurisprudence
JEL Classification: H11, K39
Suggested Citation: Suggested Citation