Sunday, December 18, 2005

Question Of The Week, 12/18/05

Good morning. If anyone is interested it is snowing in Saint Joseph, Missouri. This weeks Question Of The Week is. What is the meaning of the Seventh Amendment to the United States Constitution? "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 common law." I'll post my answer in the Comment Section Monday night.

God Bless America, God Save The Republic.

5 Comments:

Blogger Always On Watch said...

Has that $20 figure been changed? Seems like a very small amount nowadays.

no fact tried by a jury shall be otherwise re-examined in any court of the United States, than according to the rules of common law.
Then why were Simpson and Blake taken to civil court after being found not-guilty in criminal court? I guess my question really doesn't apply, but I'm asking anyway.

Don't law-suit decisions sometimes get re-examined in higher courts? I seem to recall that some tobacco company recently got a decision overturned.

10:55 AM  
Blogger cc41girl88 said...

on a note, look to the part that says "than according to the rules of common law". at that point, you have to question what the rules of common law are.

but logically, they should mean that an issue can be re-examined as long as it is going to a higher court, such as in an appeal.

also, the issues of civil and criminal court are completely different. they hold different types of penalties (money vs. jail/probation/comm. service, on record or not, etc).

i think that making a statement like "Don't law-suit decisions sometimes get re-examined in higher courts? I seem to recall that some tobacco company recently got a decision overturned. " bypasses the whole idea of these rights/amendments/whatev you want to call them. of course they are not that simple. i mean, why would they be -- this is a big-ass country with tons of bureauctracy (Not w/ the negative connotation). it is more complex than a simple exerpt.

in any case, i think it means that a person cannot be tried twice for the same crime, ie double jepardy. i think it also makes limits on the amount of evidence a prosecutor can bring to court on the accused' past problems with the law.

see, when you look to trials they bring in evidence of past crimes not to show the jury that and have them vote on that, but so that they can establish a pattern of behavior. for example, if someone is convicted of assault and in the past they have done something to show that they are aggressive against other people, you bring in that evidence to show a pattern of behavior.

(to the writer of this blog, whose name i don't know off the top of my head): what about the 2nd amendment? i heard this great argument about how it was made for the militias in case the british tried to take the americas back or whatever (and the argument said now it was outdated). in any case, what do you think on that?

2:31 PM  
Anonymous Jake Porter said...

The point of this is to make sure that the people get a fair trial by the people not by the government.

That is the purpose of the jury.

4:16 AM  
Blogger David Schantz said...

I'm late again. I was on my way home from work when I figured out I was still wearing an H2S gas monitor. So I had to turn around and go back. They frown on it when you leave the property with a $300.00 piece of equipment. When our country was young the Seventh Amendment would have protected our right to a jury trial and stopped us from being hauled into court over and over again for the same thing. I think it has pretty much been scraped now that we have judges that are so much wiser than the common man. Todays judges feel that they and they alone can explain what our Founding Fathers intended.

cc41girl88, The Second Amendment, "A well-regulated militia being necessary to the security of a free state, the right of the people to keep and bear arms shall not be infringed." The militia was meant to protect us from foreign invaders that would take over the country. It was also meant to protect our rights from home grown tyrants (elected officials) that would infringe upon our rights. So who is the militia? In Virginia when our Founding Fathers were around it was every able bodied male between the ages of 16 and 60. To find todays militia go to the white pages of your phone book. Eliminate all judges/elected officials, members of the military or law enforcement, and anyone that has been convicted of a violent crime. The remaining names make up the local militia. As far as I'm concerned every United States citizen should be allowed to own firearms unless they have been convicted of a violent crime. I hope that helped some.

I want to thank all of you for stopping by, I hope you will return to answer next weeks question. I also want to wish you and yours a Very Merry Christmas.

God Bless America, God Save The Republic.

12:20 AM  
Blogger American Crusader said...

Jake's answer I believe pretty much sums up my feelings about the seventh amendment. I wonder what dollar value they would use if the Constitution was written today?

9:42 AM  

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