Seventh Amendment: Civil jury trial

The Seventh Amendment preserves the right to a jury in federal civil cases "at common law" over twenty dollars, and limits how courts can overturn a jury's findings of fact. It's one of the few Bill of Rights guarantees the Supreme Court has never applied to the states. California guarantees civil jury trial in its own constitution, so the practical rule here comes from Article I, §16.

The text

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 the common law.

Source: National Archives transcription Verified1

Clause by clause

• "In Suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved." "Preserved" points back to the English common law of 1791. Cases that would have been heard in courts of law (money damages) get a jury; cases in equity (injunctions, specific performance) don't.
• "no fact tried by a jury, shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law." Appellate courts can't just substitute their view of the facts.

How courts read it

• Not incorporated. In 1916 the Court held the Seventh Amendment doesn't govern state courts (Minneapolis & St. Louis R. Co. v. Bombolis, 241 U.S. 211 (1916)) Verified2. It's still the rule.
• Government civil penalties. "The Seventh Amendment guarantees a jury trial to determine liability in actions by the Government seeking civil penalties" under the Clean Water Act (Tull v. United States, 481 U.S. 412 (1987)) Verified3. In 2024: "When the SEC seeks civil penalties against a defendant for securities fraud, the Seventh Amendment entitles the defendant to a jury trial," so the agency couldn't decide the case in-house (Securities and Exchange Commission v. Jarkesy, 603 U.S. 109 (2024)) Verified4. See Article III.

How it reaches Williams

It doesn't directly. State courts, including Colusa County Superior Court, aren't bound by it Verified2. California's constitution fills the gap: "Trial by jury is an inviolate right and shall be secured to all, but in a civil cause three-fourths of the jury may render a verdict" (Art. I, §16) Verified5.

In Williams

• City administrative penalties. Jarkesy concerns federal agencies and the federal Seventh Amendment. Our reading: it doesn't by itself require a jury before a Williams administrative citation hearing, because the Seventh Amendment doesn't bind states. Whether California's §16 reaches such hearings is a state-law question this site hasn't found a controlling answer to.
• Suits against the city. A damages suit against Williams in federal court under §1983 gets a federal jury; in state court, California's jury right applies Verified5.

Common misconceptions

• "The Seventh Amendment guarantees me a jury in state court." No; California's constitution does Verified2,5.
• "Civil juries must be unanimous." In California civil cases, three-fourths can decide Verified5.

Check yourself

Pick an answer for each question. You will see right away if it is right, and why.