Seventh Amendment Jury Trials in Civil Cases

The Seventh Amendment to the United States Constitution ensures the right to a trial by jury in any civil lawsuit involving claims valued at more than $20. In addition, the amendment prohibits the courts from overturning a jury’s findings of fact in civil suits. The amendment does not, however, guarantee a trial by jury in civil cases brought against the federal government. The rights of criminal defendants to a speedy trial by an impartial jury are protected by the Sixth Amendment to the United States Constitution. The complete text of the Seventh Amendment as adopted states: 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. Note that the amendment as adopted ensures the right to a jury trial only in civil suits involving disputed amounts that â€Å"exceed twenty dollars. While that might seem a trivial amount today, in 1789, twenty dollars was more than an average working American earned in a month. According to the U.S. Bureau of Labor Statistics, $20 in 1789 would be worth about $529 in 2017, due to inflation. Today, federal law requires a civil suit must involve a disputed amount of over $75,000 to be heard by a federal court. What is a ‘Civil’ Case? Rather than prosecution for criminal acts, civil cases involve disputes such as legal liability for accidents, breach of business contracts, most discrimination and employment-related disputes, and other non-criminal disputes between individuals. In civil actions, the person or organization filing the lawsuit — called the â€Å"plaintiff† or â€Å"petitioner† — seeks payment of monetary damages, a court order preventing the person being sued — called the â€Å"defendant† or â€Å"respondent† — from engaging in certain acts, or both. How the Courts Have Interpreted the Sixth Amendment As is the case with many provisions of the Constitution, the Seventh Amendment as written provides few specific details of how it should be applied in actual practice. Instead, these details have been developed over time by both the federal courts, through their rulings and interpretations, along with laws enacted by the U.S. Congress. Differences in Civil and Criminal Cases The effects of these court interpretations and laws are reflected in some of the main differences between criminal and civil justice. Filing and Prosecuting Cases Unlike civil misdeeds, criminal acts are considered to be offenses against the state or the entire society. For example, while a murder typically involves one person harming another person, the act itself is considered to be an offense against humanity. Thus, crimes like murder are prosecuted by the state, with charges against the defendant filed by a state prosecutor on behalf of the victim. In civil cases, however, it is up to victims themselves to file the suit against the defendant. Trial by Jury While criminal cases almost always result in a trial by jury, civil cases — under the provisions of the Seventh Amendment — allow for juries in some instances. However, many civil cases are decided directly by a judge. While they are not constitutionally required to do so, most states voluntarily allow jury trials in civil cases. The amendment’s guarantee to a jury trial does not apply to civil cases involving maritime law, lawsuits against the federal government, or to most cases involving patent law. In all other civil cases, a jury trial can be waived at the consent of both the plaintiff and the defendant. In addition, the federal courts have consistently ruled that the Seventh Amendment’s prohibition of overturning a jurys findings of fact applies to civil cases filed in both federal and state courts, to cases in state courts that involve federal law, and to state court cases reviewed by federal courts. Standard of Proof While guilt in criminal cases must be proven â€Å"beyond a reasonable doubt,† liability in civil cases must generally be proven by a lower standard of proof known as â€Å"the preponderance of the evidence.† This is generally interpreted as meaning that the evidence showed that events were more likely to have occurred in one way than in another.  Ã‚   What does â€Å"preponderance of the evidence† mean? As with a â€Å"reasonable doubt† in criminal cases, the threshold of probability of proof is purely subjective. According to legal authorities, a â€Å"preponderance of the evidence† in civil cases may be as little as a 51% probability, compared to from 98% to 99% required to be proof â€Å"beyond a reasonable doubt† in criminal cases. Punishment Unlike criminal cases, in which defendants found guilty can be punished by time in prison or even the death penalty, defendants found to be at fault in civil cases generally face only monetary damages or court orders to take or not take some action. For example, a defendant in a civil case could be found to be from 0% to 100% responsible for a traffic accident and thus liable for payment of a corresponding percentage of monetary damages suffered by the plaintiff. In addition, defendants in civil cases have the right to file a counter-suit against the plaintiff in an effort to recover any costs or damages they may have incurred. Right to an Attorney Under the Sixth Amendment, all defendants in criminal cases are entitled to an attorney. Those who want, but cannot afford an attorney must be provided with one free of charge by the state. Defendants in civil cases must either pay for an attorney, or choose to represent themselves. Constitutional Protections of Defendants The Constitution affords defendants in criminal cases many protections, such as the Fourth Amendment’s protection against illegal searches and seizures. However, many of these constitutional protections are not provided to defendants in civil cases. This can generally be explained by the fact that because persons convicted of criminal charges face more severe potential punishment — from jail time to death — criminal cases warrant more protections and a higher standard of proof. Possibility of Civil and Criminal Liability While criminal and civil cases are treated very differently by the Constitution and the courts, the same acts can subject a person to both criminal and civil liability. For example, people convicted of drunk or drugged driving are typically also sued in civil court by the victims of accidents they may have caused. Perhaps the most famous example of a party facing criminal and civil liability for the same act is the sensational 1995 murder trial of former football superstar O.J. Simpson. Accused of killing his former wife Nicole Brown Simpson and her friend Ron Goldman, Simpson first faced a criminal trial for murder and later a â€Å"wrongful death† civil trial. On October 3, 1995, partly due to the different standards of proof required in criminal and civil cases, the jury in the murder trial found Simpson not guilty due to a lack of adequate proof of guilt â€Å"beyond a reasonable doubt.† However, on February 11, 1997, a civil jury found by a â€Å"preponderance of the evidence† that Simpson had wrongfully caused both deaths and awarded the families of Nicole Brown Simpson and Ron Goldman a total of $33.5 million in damages. Brief History of the Seventh Amendment Largely in response to the Anti-Federalist party’s objections to the lack of specific protections of individual rights in the new Constitution, James Madison included an early version of the Seventh Amendment as part of the proposed â€Å"Bill of Rights† to Congress in the spring of 1789. Congress submitted a revised version of the Bill of Rights, at the time composed of 12 amendments, to the states on September 28, 1789. By December 15, 1791, the required three-fourths of the states had ratified the 10 surviving amendments of the Bill of Rights, and on March 1, 1792, Secretary of State Thomas Jefferson announced the adoption of the Seventh Amendment as a part of the Constitution. Seventh Amendment Key Takeaways The Seventh Amendment ensures the right to a trial by jury in civil cases.The amendment does not guarantee a trial by jury in civil suits brought against the government.In civil cases, the party filing the lawsuit is called the â€Å"plaintiff† or â€Å"petitioner.† The party being sued is called the â€Å"defendant† or â€Å"respondent.†Civil cases involve disputes over non-criminal acts such as legal liability for accidents, breaches of business contracts, and illegal discrimination.The standard of proof required in civil cases is lower than in criminal cases.All parties involved in civil cases must provide their own lawyers.Defendants in civil cases are not afforded the same constitutional safeguards as defendants in criminal cases.While not constitutionally required to do so, most states comply with the provisions of the Seventh Amendment.A person may face both civil and criminal trials for the same act.The Seventh Amendment is part of the U.S. Constit ution’s Bill of Rights as ratified by the states on December 15, 1791.

My Community Service At An Elementary School - 2022 Words

I did my community service at an elementary school called daily academy and I taught art to multiple grades. I needed a lesson plan that multiple grade groups could benefit from which lead to my research question; how can two different grade groups learn from the same lesson plan? multi-grade classrooms use lesson plans the entire class can benefit from, like the the one I created, multi grade classrooms have been around as long as the American school system has. My question came from my experience working at an after school teaching program teaching children from kindergarten to sixth grade; I had to teach multiple grade groups at a time, which lead me to creating a lesson plans that would benefit the entire class. I had to keep in mind according to my research; each student s attention span is a minute longer than their age, the age of a student doesn’t determine their ability, and when pairing students to work together, to think about their strengths and weaknesses and be s ure the exercise will benefit all students involved in each lesson. I did not have that much experience with multi-grade classrooms, it was a new concept for me to understand; I looked on many different websites for teachers who teach multi-age classrooms; on these websites I looked for multi-age lesson plans so I could get an idea on how to I would go about preparing my multi-age lesson plans for my class. Eventually I created many different lesson plans I could use in the classroom when I started myShow MoreRelatedVolunteer in a Elementary School Essay600 Words   |  3 PagesMildred Rivas 11-29-2010 Social Justice Volunteering in an elementary school Volunteering is a fulfilling experience. 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Ancient Rome vs Ancient Greece Free Essays

In Rome, there are three social classes, arranged according to wealth; Patricians, Plebeians, and Slaves. Patricians are the upper class citizens; they are very wealthy and highly educated. They make up the majority of the senate and therefore control the laws. We will write a custom essay sample on Ancient Rome vs Ancient Greece or any similar topic only for you Order Now Plebeians are the poor, lower-class citizens. They greatly outnumber the Patricians, make up most of the army, and pay most of the taxes. They are not allowed to marry Patricians or take part In government. Slaves are at the bottom of the Roman social order; they make up over 25% of Romeos population, and are essential to Its survival. Wealthy citizens often own many slaves, which they use to complete various tasks around the home. They consisted of prisoners of war, Plebeians whom were In debt, or children born of slaves. Slaves often work on farms, In mills, at shops, doing city construction, or are servants. Roman writer, Seneca, believes that masters should treat their slaves well, as a well-treated slave will work better for a good master rather than Just doing enough begrudgingly for someone who mistreats their slaves. Slaves can receive freedom from their masters if they mom up with enough money, or are released upon the master’s death. Women are not considered equal to men. Their primary duty is to care for their family. The amount of work that they do is correlated to the amount of wealth they have, with rich women usually having servants to do most of their work. Women from lower class families have to do daily chores on their own, or assisted by daughters. This usually includes washing dishes, sweeping floors, and cooking. Rome is home to some of the finest pieces of art in the world. This includes architecture, paintings, sculptures, and mosaics. The sculpture is the most important piece of artwork, with thousands of sculptures located all over Rome. If you’re looking for entertainment, Roman citizens often gather in The Coliseum to see fights between gladiators, slaves, prisoners, and wild animals. These fights are very violent, and therefore enjoyable. They only end when the loser is dead. Chariot racing at The Hippodrome is also very popular in Rome. The Coliseum, The Pantheon, and Circus Maximum, are mongo some of Romeos grandest buildings. Greece: The Greek social structure is broken Into three groups; citizens, emetics, and slaves. A citizen Is born of Athenian parents, and they are the most powerful group In Greece. After compulsory service In the army, they often became government officials, and took part in Jury service. A emetic Is of foreign birth and has migrated to Athens to trade or practice craft. They must pay taxes and are sometimes required to serve In the army, despite this, they can never achieve the full rights of a excellent. This Includes the ability to own houses, and the ability to speak In court. Slaves were servants and laborers without any legal rights. Slaves can be prisoners of war, or bought from slave traders. These social statuses only apply to men, as women adopt their social status from their husband. Women In Greece are not permitted to take part in public life, making it a prime destination for the whole family! Greece is the sculpture is our preferred form of artistic expression, as it shows an expression of individuality, and the beauty of the human body. Aphids, Polytheists, and Myron are three of our most prized sculptures. One of the most distinguishable art feature of Greece, are our columns. They are crafted in three different styles; Doric is the simplest of these three styles. Ionic is thinner and more elegant with a scroll-like design. Corinthian is the rarest but most elaborate column, with many complex designs; it is often decorated with acanthus leaves. In Greece, there is no shortage of entertainment. We have invented the theatre, a place in which audiences come from all around to watch comedies or tragic plays. Greece is also home to the Olympic Games, the world’s premier sport event. Held in honor of Zeus, athletes from around Greece compete in various events in front of thousands of spectators. There are also many marvelous building in Greece, such as The Parthenon, a temple overlooking Athens. The Erection is a temple north of the Acropolis, dedicated to Athena and Poseidon. The Temple of Olympian Zeus is a temple in the center of Athens, with enormous columns. Greece is the premier destination of the World, so why not come by? How to cite Ancient Rome vs Ancient Greece, Papers

Battle Royal Essay Example For Students

Battle Royal Essay In Battle Royal, Ellison uses details of setting to create the mood of horror and repulsion. The horror begins when the narrator listens to a conversation between his father and grandfather, as his grandfather lay on his death bed. Son, after Im gone I want you to keep up the good fight. I never told you, but our life is a war and I have been a traitor all my born days, a spy in the enemys country ever since I give up my gun back in the Reconstruction. Live with your head in the lions mouth. I want you to overcome em with yeses, undermine em with grins, agree em to death and destruction, let em swoller you till they vomit or bust wide open 256. This statement had a great effect on the narrator, although he wasnt quite sure what it meant. It set a sense of fear in him. And whenever things went well for me I remember my grandfather and felt guilty and uncomfortable. It was as though I was carrying out his advice in spite of myself257. The narrator didnt plan on taking his grandfathers advice, and each time he found himself doing exactly that, it made him feel guilty. I felt guilt that in some way I was doing something that was really against the wishes of the white folks 257. This continued path of fear and hatred are carried out throughout the story. Ellison gives the reader the idea of hatred and horror when he sets the scene in the ballroom of the hotel. This is where the Battle Royal was to take place. The battle room was filled with smoke and in the center was the portable boxing ring that was to be used for the fight. On three sides of the ring, chairs were placed for the audience to observe the battle. These audience members were that of an upper-class status, bankers, lawyers, judges, doctors, fire chiefs, teachers, merchants. Even one of the more fashionable pastors 258. To top it off, they were all white as well. Each of them arrived in tuxedos wolfing down the buffet foods, drinking beer and whiskey and smoking black cigars 257. Ellison was taking us into the scene to show us the intimidation the narrator felt as he saw the audience members. It was extremely terrifying for the narrator. After the fighters were ordered to the ring, they were to be blindfolded. This gave the narrator a sense of fear and horror that he was not used to. He didnt like the darkness and the unknowing of what lied ahead. I felt a sudden fit of terror. I was unused to darkness. It was as though I had suddenly found myself in a dark room filled with poisonous cottonmouths 259. One of the audience members spoke to the narrator, See that boy over there?I want you to run across at the bell and give it to him right in the belly. If you dont get  him, Im going to get you 259. This was told to the other fighters as well. Not one person in the audience felt any sympathy for the boys. One yelled, I want to get that ginger-colored nigger. Tear him limb from limb 259. Others were kicking chairs and causing quite a commotion. This put an even greater horrifying feeling in the narrator. I wanted to see, to see more desperately than ever before 260. The blindfold was not allowing this. All it was doing was taking away what dignity he had. After the battle was complete, the portable ring was taken away and a small rug with coins, bills, and gold pieces was put in its place. Each of the fighters were told to sit around the rug as though they were of another species, perhaps from another planet. This set a sense of excitement in each of them, but at the same time they feared what was to come. Once the narrator heard the word Go 262 he went straight for the goods. I lunged for a yellow coin lying on the blue design of the carpet, touching it and sending a surprised shriek to join those rising around me. I tried frantically to remove my hand but could not let go. A hot, violent force tore through my body, shaking me like a wet rat. .ud077651c833e1ff226daa7dd8482e10d , .ud077651c833e1ff226daa7dd8482e10d .postImageUrl , .ud077651c833e1ff226daa7dd8482e10d .centered-text-area { min-height: 80px; position: relative; } .ud077651c833e1ff226daa7dd8482e10d , .ud077651c833e1ff226daa7dd8482e10d:hover , .ud077651c833e1ff226daa7dd8482e10d:visited , .ud077651c833e1ff226daa7dd8482e10d:active { border:0!important; } .ud077651c833e1ff226daa7dd8482e10d .clearfix:after { content: ""; display: table; clear: both; } .ud077651c833e1ff226daa7dd8482e10d { display: block; transition: background-color 250ms; webkit-transition: background-color 250ms; width: 100%; opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #95A5A6; } .ud077651c833e1ff226daa7dd8482e10d:active , .ud077651c833e1ff226daa7dd8482e10d:hover { opacity: 1; transition: opacity 250ms; webkit-transition: opacity 250ms; background-color: #2C3E50; } .ud077651c833e1ff226daa7dd8482e10d .centered-text-area { width: 100%; position: relative ; } .ud077651c833e1ff226daa7dd8482e10d .ctaText { border-bottom: 0 solid #fff; color: #2980B9; font-size: 16px; font-weight: bold; margin: 0; padding: 0; text-decoration: underline; } .ud077651c833e1ff226daa7dd8482e10d .postTitle { color: #FFFFFF; font-size: 16px; font-weight: 600; margin: 0; padding: 0; width: 100%; } .ud077651c833e1ff226daa7dd8482e10d .ctaButton { background-color: #7F8C8D!important; color: #2980B9; border: none; border-radius: 3px; box-shadow: none; font-size: 14px; font-weight: bold; line-height: 26px; moz-border-radius: 3px; text-align: center; text-decoration: none; text-shadow: none; width: 80px; min-height: 80px; background: url(https://artscolumbia.org/wp-content/plugins/intelly-related-posts/assets/images/simple-arrow.png)no-repeat; position: absolute; right: 0; top: 0; } .ud077651c833e1ff226daa7dd8482e10d:hover .ctaButton { background-color: #34495E!important; } .ud077651c833e1ff226daa7dd8482e10d .centered-text { display: table; height: 80px; padding-left : 18px; top: 0; } .ud077651c833e1ff226daa7dd8482e10d .ud077651c833e1ff226daa7dd8482e10d-content { display: table-cell; margin: 0; padding: 0; padding-right: 108px; position: relative; vertical-align: middle; width: 100%; } .ud077651c833e1ff226daa7dd8482e10d:after { content: ""; display: block; clear: both; } READ: Dickinson and Roe's nineteenth century english prose - critical essayThe rug was electrified 262-3. This didnt stop the crowd from yelling obscenities at the boys. Pick it up, goddamnit, pick it up!Go on, get it 263. This made the boys feel as though they had to do what was said, they feared the crowd more than they feared the electricity of the rug. Ellison uses this scene to show the repulsion the audience felt toward the fighters and the fear the fighters had of them. Throughout this story, Battle Royal, Ellison creates a mood of horror and repulsion toward the black fighters, especially toward the narrator. From the first scene next to the grandfathers death bed, to the money on the rug. He takes his readers to the fight to see just whats taking place, not only in the mind of the narrator, but in the minds of the upper-class white folks as well. By describing to the readers the details of each scene, he gives them a chilling sense of what its like to be horrified and hated.