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

Authors

Joan E. Schaffner, George Washington University Law SchoolFollow

Document Type

Article

Publication Date

2002

Status

Accepted

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.

GW Paper Series

GWU Legal Studies Research Paper No. 2013-71; GWU Law School Public Law Research Paper No. 2013-71

SSRN Link

http://ssrn.com/abstract=2245675

Recommended Citation

Joan Schaffner, The Seventh Amendment Right to a Civil Jury Trial: The Supreme Court Giveth and the Supreme Court Taketh Away, 31 U. BALT. L. REV. 225 (2002).