The Seventh Amendment Right to a Civil Jury Trial: The Supreme Court Giveth and the Supreme Court Taketh Away

48 Pages Posted: 7 Apr 2013

See all articles by Joan E. Schaffner

Joan E. Schaffner

George Washington University - Law School

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

Schaffner, Joan E., The Seventh Amendment Right to a Civil Jury Trial: The Supreme Court Giveth and the Supreme Court Taketh Away (2002). University of Baltimore Law Review, Vol. 31, No. 2, 2002, GWU Legal Studies Research Paper No. 2013-71, GWU Law School Public Law Research Paper No. 2013-71, Available at SSRN: https://ssrn.com/abstract=2245675

Joan E. Schaffner (Contact Author)

George Washington University - Law School ( email )

2000 H Street, N.W.
Washington, DC 20052
United States
202-494-0354 (Phone)

Do you have negative results from your research you’d like to share?

Paper statistics

Downloads
42
Abstract Views
419
PlumX Metrics