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Northton

by northton from the Land of Free Spe

Last Post 138 days, 15 hours Ago


Part VII of XI: How To Be A Real American
Mar 11, 2008 | 12:43 PM
Category: News
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Hello Fellow Bloggers!

This is the Seventh of Eleven Installments of:

"How to Be A Real American"

 

That's right, we are discussing Our Bill of Rights (YOUR RIGHTS!).

 

Each week we are discussing an amendment of the Bill of Rights.  So far we've talked about freedom of speech, the right to bear arms, the right to privacy, and the right to legal council and a trial by jury.

This week, we are discussing Amendment Seven of the Bill of Rights.   This amendment covers suits at common law.  (Common law is created by the Judicial Branch of government, as opposed to the Legislative or Executive Branch.)  Let's check it out:  

 

Amendment VII

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 reexamined in any court of the United States, than according to the rules of the common law.

   

Hmmmm......

Yeeeeeeeess.....

Mmmmm Hmmmmmm.....

Okay!  After reading this amendment,

I am left with more questions than answers!

 

What is a Common law and how do Common laws relate to Statutory and Regulatory laws?

Does Common law encourage people to abuse the other forms of law? 

" no fact tried by a jury, shall be otherwise reexamined in any court of the United States, than according to the rules of the common law."

What the heck does THAT mean?

 

These are some things about the Seventh Amendment that I would like to know.   Feel free to ask your own questions as we discover our Constitution of the United States of America.

What say thee, Real Americans?

 Have you, or someone you know, been involved in a Common law case?

Doth This Stuff Maketh any Sense to Thee?

I call upon the powers of Satan! 

Send us a lawyer to explain this legal mumbo-jumbo!!!

15 Comments |  Add a Comment

Member Comments Total Comments: 15
Page 1 of 1
zbert read my blog
Mar 11, 2008 | 1:04 PM

Common law
A system of law that is derived from judges' decisions (which arise from the judicial branch of government), rather than statutes or constitutions (which are derived from the legislative branch of government).

"Brown v. Board of Ed" and "Roe v. Wade" are examples of common law.

The other part simply means you can't change the rule of law on an appeal. If you loose a case, you can't appeal using a different reason or law.
zbert read my blog
Mar 11, 2008 | 1:08 PM

This is 7 of 11? There are only 10 Ammendments in the "Bill of Rights". That is, unless you are counting the Preamble.
zbert read my blog
Mar 11, 2008 | 1:12 PM

The real concern here was that, after a ruling was made, the Government could pass a new law that would make the ruling different. The case cannot be retried based on the new law.
northton read my blog view my photos
Mar 11, 2008 | 2:04 PM

The last edition will be a special!

The amendment says:

In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved


What does that mean? What makes it a common law case?
zbert read my blog
Mar 11, 2008 | 2:47 PM

Back when the Constitution was written, when there was no actual law, the judges based their decisions on their knowledge of the law.
DaytonaFrank read my blog view my photos
Mar 11, 2008 | 9:07 PM

"when there was no actual law, the judges based thier decisions on thier knowledge of the law".

What? How could the judges base thier decisions on thier knowledge of the law if there was no actual law?
Meb452m read my blog
Mar 11, 2008 | 10:52 PM

Common law sounds like a discription for civil court, esspecially since a dollar amount is stipulated. Back then every trial might have been by jury, now that is not always true . It is decided by a judge in this day. A belief of a citizen/ common man not that of lawyer/ ?
zbert read my blog
Mar 12, 2008 | 12:26 AM

Sorry bad wording. They didn't have every law written down in detail like it is now. Most laws were simply written. The laws were interpreted by the judge.
northton read my blog view my photos
Mar 12, 2008 | 8:35 AM

I believe this sytem is still in use today, yes?
Gammies61 read my blog view my photos
Mar 12, 2008 | 12:17 PM

?
zbert read my blog
Mar 12, 2008 | 2:11 PM

Laws today are written in great detail. That is also a reason so many criminals get acquitted. There is no interpretation needed or sometimes possible. The judge just reads the law and does what it says. Legal complaints have to be written exactly or they can be thrown out. It is now required to have a lawyer because of all the details.
DaytonaFrank read my blog view my photos
Mar 12, 2008 | 9:45 PM

This system is indeed still in use today norty.

The ongoing court battles over the wording of the Bill of Rights continues even in this day and age.

I am starting to think the Constitution is worthless.
Gammies61 read my blog view my photos
Mar 13, 2008 | 11:18 AM

Time to make up a new one? OK Frank, think you can do it where it actually makes sense? Look norty, I spelled it right.
DaytonaFrank read my blog view my photos
Mar 13, 2008 | 7:48 PM

Possibly Gammies, but not this particular Amendment. LOL!
Gammies61 read my blog view my photos
Mar 14, 2008 | 1:57 PM

Let's do away with it completely. Gammies has spoken and it is law. As long as Northton says, OK.
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northton

I like sharing ideas and ideals in an open forum. I may not like what you have to say but you can still say it here. Whatever you think, join the blog! Come and debate on an open forum like mine where free speech cannot be denied!* *Except by TOS, applicable copyright laws, and the whims of FOX.

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