Seventh Amendment to the United States Constitution

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The Seventh Amendment (Amendment VII) to the United States Constitution is part of the Bill of Rights. This amendment codifies the right to a jury trial in certain civil cases.^[a] It also stops courts from overturning a jury's verdict. The Seventh Amendment's provision for jury trials in civil cases has never been incorporated (applied to the states).^[2] However, the rights to civil jury trials are found in nearly every state constitution.^[2]

The prohibition of overturning a jury's verdict applies to federal cases, state cases involving federal law, and to review of state cases by federal courts.^[3] United States v. Wonson (1812) established the "historical test", which interpreted the amendment as relying on English common law to determine whether a jury trial was necessary in a civil lawsuit. The amendment thus does not guarantee trial by jury in cases under maritime law, in lawsuits against the government itself, and for many parts of patent claims. In all other cases, the jury can be waived by consent of the parties. The amendment also guarantees a minimum of six members for a jury in a civil trial.^[4]

1. ↑ Renee Lettow Lerner (29 May 2015). "The uncivil jury, part 5: What to do now — repeal and redesign". The Washington Post. Retrieved 15 February 2016.
2. ↑ ^{2.0 2.1 2.2} "The Seventh Amendment". National Constitution Center. Archived from the original on 21 February 2016. Retrieved 15 February 2016.
3. ↑ "The Justices v. Murray 76 U.S. 274 (1869)". Justia U.S. Supreme Court Center. Justia U.S. Supreme Court Center. Retrieved 16 February 2016.
4. ↑ "Seventh Amendment". The Free Dictionary/Farlex. Retrieved 15 February 2016.