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Constitutional Law - The Seventh Amendment
Season 5 Episode 22
Join Maude and Claude, your AI hosts on the Study for the Bar in Your Car podcast, as they navigate the Seventh Amendment, a crucial yet often overlooked pillar of civil litigation. Drawing from Angela's meticulously organized law school notes, this episode illuminates the amendment's core protections and nuances vital for bar exam success.
Discover the dual essence of the Seventh Amendment: first, its preservation of the right to a jury trial in "suits at common law" (cases historically tried by juries in 1791), and second, its strict limits on federal courts re-examining jury factual findings. Maude and Claude clarify key distinctions, such as why cases seeking equitable relief (like injunctions) typically don't trigger this right.
A critical takeaway for your bar prep: learn why the Seventh Amendment's civil jury right is NOT incorporated against the states via the 14th Amendment – a classic "bar exam trap" often overlooked! The hosts also explain how, despite historical tradition, federal civil juries can constitutionally consist of fewer than 12 members, balancing historical intent with modern practicality. They discuss the "re-examination clause," detailing the narrow circumstances under which a judge can review a jury's verdict without undermining its fact-finding role.
This episode provides a solid and engaging review of the Seventh Amendment's text, its historical context, and the subtle but vital distinctions that can make all the difference on exam day. Don't miss out on this essential deep dive into American civil procedure! Listen now and subscribe to Study for the Bar in Your Car to boost your bar prep!
Published on 1 month, 2 weeks ago