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Old 07-02-2010, 02:44 PM
 
Location: Arlington, VA
5,412 posts, read 4,239,419 times
Reputation: 916

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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 re-examined in any Court of the United States, than according to the rules of the common law.


Since you're all apparently con law scholars, you must clearly understand what this amendment means. When are you entitled to a civil jury?

I mean, clearly the meaning of this is plain, right?
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Old 07-02-2010, 02:47 PM
 
13,005 posts, read 18,906,017 times
Reputation: 9252
I don't consider myself a liberal, but this amendment has always seemed anachronistic. Twenty dollars? The filing fee would exceed that!
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Old 07-02-2010, 02:49 PM
 
Location: Arlington, VA
5,412 posts, read 4,239,419 times
Reputation: 916
Quote:
Originally Posted by pvande55 View Post
I don't consider myself a liberal, but this amendment has always seemed anachronistic. Twenty dollars? The filing fee would exceed that!
That's not the important point I'm trying to p oint out.. It was written in the 18th century, so the money amount isn't at issue. It's the meaning of this.

Libs like to claim they know what the constitution means. What does this mean, when do you have a right to a civil jury? I'll give you a hint, what's not in it speaks volumes.
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Old 07-02-2010, 02:57 PM
 
10,875 posts, read 13,810,134 times
Reputation: 4896
Quote:
Originally Posted by betamanlet View Post
That's not the important point I'm trying to p oint out.. It was written in the 18th century, so the money amount isn't at issue. It's the meaning of this.

Libs like to claim they know what the constitution means. What does this mean, when do you have a right to a civil jury? I'll give you a hint, what's not in it speaks volumes.
So you're looking for "libs" to post things on this topic, then you'll drop your "zinger" and prove you know everything about everything?
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Old 07-02-2010, 02:59 PM
 
Location: Arlington, VA
5,412 posts, read 4,239,419 times
Reputation: 916
Quote:
Originally Posted by TempesT68 View Post
So you're looking for "libs" to post things on this topic, then you'll drop your "zinger" and prove you know everything about everything?
Well, I'm reading a lot about libs thinking they know everything about the constitution. So clearly they must understand the 7th amendment.
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Old 07-02-2010, 03:00 PM
 
Location: Heart of Oklahoma
1,173 posts, read 1,534,507 times
Reputation: 482
The Seventh Amendment Vll
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Old 07-02-2010, 03:02 PM
 
Location: Arlington, VA
5,412 posts, read 4,239,419 times
Reputation: 916
Quote:
Originally Posted by proudvoterofObama View Post
That analysis is incomplete.

Under that analysis, which it's silent on the issue, could a temporary restraining order or an injunction get a jury trial?

Please, speak from your personal knowledge, and not a google search.
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Old 07-02-2010, 03:06 PM
 
Location: 3rd rock from the sun
3,857 posts, read 6,957,099 times
Reputation: 1817
I don't take tests, jump through hoops, or do job interviews any more. If you have something to say then say it. After all this it better be real zinger.
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Old 07-02-2010, 03:06 PM
 
Location: Arlington, VA
5,412 posts, read 4,239,419 times
Reputation: 916
Okay, none of you will get it.

THe key provision here is "at common law" and "is preserved"

Historically, there have been two legal systems. Law, and equity. They had separate court systems. You had to go to one or both to get what you wanted. An example of equity is an injunction. Which was not an action at law, but of equity. So under the federal system, if you had a case that involved only equity issues (like an injunction) you do not have a right to a jury, or if you had mixed law and equity issues, only the law issues could be heard by a jury, and a judge would have to hear and decide on the equity issues.

You simply are not qualified to render opinions on the constitution if you do not know what it means.
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Old 07-02-2010, 03:10 PM
 
Location: San Jose
1,862 posts, read 2,385,869 times
Reputation: 541
Quote:
Originally Posted by betamanlet View Post
That's not the important point I'm trying to p oint out.. It was written in the 18th century, so the money amount isn't at issue. It's the meaning of this.

Libs like to claim they know what the constitution means. What does this mean, when do you have a right to a civil jury? I'll give you a hint, what's not in it speaks volumes.
Liberals claim to be constitutional scholars? And conservatives don't?

I think I've seen many more from the right point out their interpretation of the constitution...
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