The Ninth Article of Bill of Rights

Paper Summary:

This paper explains that the biggest issue concerning the Seventh Amendment is the division of powers between the jury and the judge; the Court has declared it constitutionally correct for a judge to express his opinion on the facts presented during the case with the condition that these facts are eventually referred to the jury. The author points out that an indirect change to the article was made during Colgrove vs. Battin, when the Court decided that it was permissible to have a jury consisting of six persons instead of twelve. The paper relates that the re-examination or review clause is not restricted to federal courts only but covers state as well as Supreme Court; however, it also is stated that in cases where the Court finds violation of constitutional rights, facts can be reviewed and re-examined.

From the Paper:

"The right can be waived by the parties themselves. The parties may submit the case to the jury and ask for waiver of their right to a jury. This can be done by presenting a statement of facts to the court. Congress had provided for waiver of right before Federal rules were adopted and had allowed "for the trial of issues of fact in civil cases by the court without the intervention of a jury, only when the parties waive their right to a jury by a stipulation in writing.'' Even after the adoption of Federal Rules, this right is still granted but there is a specific procedure to follow."

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