Monday, May 24, 2010

Which amendment of the Bill of Rights is this?

The Donovans and the Patels are at odds over the location of the boundary line dividing their properties. The area in question dates back to a mistake made when the land was originally surveyed and amounts to just under one-half acre altogether. Since the two families cannot agree on a settlement, they have decided to put the matter before a jury in a court of law. This they can do because of which constitutional amendment?

Which amendment of the Bill of Rights is this?
Not the United States Constitution. That is probably a state statute.
Reply:The facts as you state them lead me to believe that there is no United States Constitutional issue involved but rather a matter to be decided under applicable State law. Property rights, unless regarding an issue of race, ethnicity, religion, or some other constitutionally protected right generally do not raise any Constitutional issues unless this property extends over the boundary of two states and the two states involved are at odds. Then Federal law could take precedent and constitutional questions can arise. But, from what you stated, the state law in which the property lies and is in dispute will determine the outcome of the dispute within the state court.
Reply:eminent domain most likely...





not any bill of right...


those are personal rights.
Reply:7th - Value of controversy exceeding $20 - right to trial by jury.
Reply:None. The 7th amendment protects the right to jury trial "in suits at common law" and only applies to suits arising under the US Constitution. This suit does not arise under common law because it is not for money damages, but is essentially an equitable action or an action for declaratory relief which actions did not carry the right to a jury trial under common law. Moreover, this suit does not arise under the US Constitution because it is not one of the classes of cases specified under Article III, Section 2. of the Constitution. (unless the parties are citizens of different states or their boundary dispute involves a state line which facts are not specified)
Reply:7th


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.
Reply:I would think it's the 7th amendment. It allows for suits of over $20.00 to be presented to a jury which is the tryer of facts
Reply:Probably this though I am not sure it would be the best way to settle it! Usually you can call the City and they will remark the boundary if incorrect!





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 re-examined in any Court of the United States, than according to the rules of the common law.
Reply:Nothing in the Constitution provides for this. It is a civil matter for lawyers to argue.


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