The Seventh Amendment Of The U.S. Constitution- Breakdown
The
Seventh Amendment Of The U.S. Constitution- Breakdown
This amendment is supposed to provide the basis for the entire civil
justice system throughout the U.S nation. The fraudulent and tyrannical
Bar Associations with their imposter agents, the "attorney profession",
have totally contaminated the meaning of this 7th Amendment.
Please read the two myths these "Officers Of The Court" perpetuate about
the civil justice system.
Myth No. 1- This amendment applies only to federal courts and not to
state courts.
Myth No. 2- This amendment defines and equates case law as common law.
Its first phrase is "In Suits At Common Law". Unfortunately, most people
do not understand what Common Law is. It is not case law because the
judiciary is not supposed to make law. The Common Law is applicable to
all the people in the United States. Anything in the Bill Of Rights of
the U.S. Constitution will always apply to all the People(citizens and
permanent non-citizen residents).
Common Law basically deals with disputes and conflicts over a specific
duty and/or obligation. Those disputes and conflicts can be over a
contractual matter or it can be over a specific duty and obligation
either improperly or insufficiently performed.
Common Law, in all civil matters, decides the following.
1. What parties(usually two people) agreed to or would have reasonably
agreed to according to the core principles of a certain activity.
2. Damages based on failure of performance according to the core
principles of a certain activity.
All liability and damages awarded must be solidly based on proof.
This amendment states that in civil cases that the right of trial by
jury shall be preserved. Yet that is largely ignored.
However, both parties can waive that right if they so choose. In many
occasions, both parties opt to do so if both parties have confidence in
the judge's ability to impartially dispense cases.
When the US Constitution was written, it cited that the right of trial
by jury shall be preserved if the value of controversy exceeded twenty
dollars. Twenty dollars at that time is probably two thousand dollars
now if not more in terms of purchasing power parity. This is the reason
why both parties do not opt for trial by jury because it would be too
time-consuming for each of them.
Its last phrase is as follows: "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".
It means what it means. All facts in a case must be unique to a specific
case. Once a jury decides a fact for a case, it cannot be brought up
and cited in an appeal unless common law rules warrant it.
In other words, no jury-found fact can be questioned for its validity
due to either local, state, and federal statutory law. Of course,
judicial discretion and case law are never to be tolerated.
If a litigant in a current case feels a specific fact in a previous case
is a relevant evidence in a current case in which they are a party,
then that fact has to be retried by a separate jury for its unique
relevancy for that case.
Also, in the appeal process, if an appellate court finds a jury-found
fact in a trial to be prejudicial, then that appellate court can
re-examine that specific fact.
The
Seventh Amendment Of The US Constitution, largely ignored by attorneys,
is supposed to prevent any individual(s) from being labelled and
prejudiced in a court of law. Too often individual(s) are examined for
past deeds and/or are personally attacked. The Seventh Amendment
prohibits this by establishing that all facts have to be unique to a
specific case.
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