Saturday, March 25, 2017

The seventh Amendment

Seventh Amendment to the United States Constitution

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, and inhibits courts from overturning a jury's findings of fact.
An early version of the Seventh Amendment was introduced in Congress in 1789 by James Madison, along with the other amendments, in response to Anti-Federalist objections to the new Constitution. Congress proposed a revised version of the Seventh Amendment to the states on September 28, 1789, and by December 15, 1791, the necessary three-quarters of the states had ratified it. Secretary of State Thomas Jefferson announced the adoption of the amendment on March 1, 1792.
The Seventh Amendment is generally considered one of the more straightforward amendments of the Bill of Rights. While the Seventh Amendment's provision for jury trials in civil cases has never been incorporated (i.e., applied to the states) almost every state voluntarily complies with this requirement. The prohibition of overturning a jury's findings of fact applies to federal cases, state cases involving federal law, and to review of state cases by federal courts.[1] 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 suit. 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 additionally guarantees a minimum of six members for a jury in a civil trial. The amendment's twenty dollar threshold has not been the subject of much scholarly or judicial writing; that threshold remains applicable despite the inflation that has occurred since the 18th century.

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Background

Proposal and ratification

Judicial interpretation

References

External links


Friday, March 24, 2017

The six Amendment

Sixth Amendment to the United States Constitution

The Sixth Amendment (Amendment VI) to the United States Constitution is the part of the United States Bill of Rights that sets forth rights related to criminal prosecutions. The Supreme Court has applied the protections of this amendment to the states through the Due Process Clause of the Fourteenth Amendment.

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Rights secured

See also

Notes

References

External links

Thursday, March 23, 2017

The Fifth Amendment

Fifth Amendment to the United States Constitution

Amendment guaranteeing certain rights related to trials and due process
The Fifth Amendment (Amendment V) to the United States Constitution is part of the Bill of Rights and protects a person from being compelled to be a witness against themselves in a criminal case. "Pleading the Fifth" is a colloquial term for invoking the right that allows a witness to decline to answer questions where the answers might incriminate him, and generally without having to suffer a penalty for asserting their right. A defendant cannot be compelled to become a witness at his own trial. If, however, they choose to testify, they are not entitled to their right, and inferences can be drawn from a refusal to answer a question during cross-examination. The Amendment requires that felonies be tried only upon indictment by a grand jury. Federal grand juries can force people to take the witness stand, but defendants in those proceedings have Fifth Amendment privileges until they choose to answer any question. To claim the privilege for failure to answer when being interviewed by police, the interviewee must have explicitly invoked the constitutional right when declining to answer questions.
The Amendment's Double Jeopardy Clause provides the right to be tried only once in federal court for the same offense. The Amendment also has a Due Process Clause (similar to the one in the 14th Amendment) as well as an implied equal protection requirement (Bolling v. Sharpe). Finally, the Amendment requires that the power of eminent domain be coupled with "just compensation" for those whose property is taken.

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Infamous crime

Grand jury

Double jeopardy

Self-incrimination

Due process

Takings clause

See also

References

Further reading

External links

castle doctrine

https://youtu.be/j4xw5fLhK_w