THE SEVENTH AND EIGHTH AMENDMENT ERIC FRENCH JOHN CASSIDY AUSTIN LIGHT

THE SEVENTH AMENDMENT Cases that involve less than $20 ($75,000 Today) will not be handled in the federal courts. This amendment guarantees a jury for Civil Cases in Federal Courts It prohibits people from setting up their own court system. All cases are held in courts recognized by the government

THE EIGHTH AMENDMENT Bans unusual punishment Bans excessive bail Bans excessive fines

HISTORY OF THE SEVENTH AMENDMENT Hugh Williamson- proposed it Bill of Rights James Madison Went into effect with the Constitution

THE EIGHTH AMENDMENT Nearly identical to the provision in English Bill of Rights Titus Oates Whipped while being tied to a moving cart Probably had intolerable acts in mind

CASES IN WHICH SEVENTH AMENDMENT WAS USED United States v. Wonson Chief Justice Joseph Story “The Historical Test” Used to analyze if a jury needs to be present Anytime there is a civil suit, this amendment is being used

COLGROVE V. BATTIN  A local district in Montana provided a six person jury.  Colgrove was given a six person jury and he demanded a twelve person jury. He said the six person jury violated the 7 th Amendment.  Issue: Did the 7 th Amendment guarantee the size of the jury?  No, the 7 th Amendment does not guarantee the size of the jury.

CASES IN WHICH THE EIGHTH AMENDMENT WAS USED Wilkerson v. Utah Established cruel and unusual punishment no matter what the crime Drawing or quartering Public dissections Burned alive Disembowelment

STACK V. BOYLE Stack v Boyle was a case involving members of the communist party who were charged with conspiring to violate the smith act. The district had set bail fixed amount of $50,000 for each petitioners. The defendant moved to reduce the bail stating that the price for bail is to excessive and unconstitutional The Supreme Court agreed and said it was excessive

CONNECTION BETWEEN THE TWO They both fall under the rights of the accused Both of them have to do with court trials & rulings If seventh is not followed, the judge could decide anything, which in turn could violate the eighth amendment if they were unfair

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