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seventh amendment


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#1 abandurka

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Posted 18 February 2009 - 05:05 AM

Does the right mentioned in the Seventh amendment generally apply in state courts?

#2 GuessAgain

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Posted 18 February 2009 - 05:34 AM

The Amendment governs only courts which sit under the authority of the United States (Pearson v. Yewdall (1877) 95 U.S. 294, 296) including courts in the territories (Kennon v. Gilmer (1889) 131 U.S. 22, 28) and the District of Columbia.  It does not apply generally to state courts. (Alexander v. Virginia (1973) 413 U.S. 836).
But when a state court is enforcing a federally created right, of
which the right to trial by jury is a substantial part, the States may
not eliminate trial by jury as to one or more elements.


#3 dwomacklnc

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Posted 29 March 2009 - 10:58 AM



#4 Tax_Counsel

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Posted 29 March 2009 - 01:02 PM






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