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Old 09-12-2018, 06:29 PM
Tom Tildrum Tom Tildrum is offline
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Join Date: Apr 2002
Location: Falls Church, Va.
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Quote:
Originally Posted by nelliebly View Post
Similarly, while the Seventh Amendment is still relevant, "the value in controversy shall exceed twenty dollars" is something of an historical curiosity, since $20 is no longer considered a significant sum. Suing someone over something valued at $20 won't get you a trial by jury. In fact, your filing fees would be greater than the amount at stake.
Just to clarify this point, the Seventh Amendment means what it says: as long as federal jurisdiction otherwise exists, any suit at law for damages in federal court can be tried to a jury, as long as the amount in controversy is over the now-minimal $20 threshold. Certainly, the parties can waive a jury and accept trial before a judge if they wish.

This is one of the reasons the Bill of Rights has not been completely incorporated against the states. Incorporating the Seventh Amendment could potentially impose an expensive obligation on state courts' civil-case systems.