Page 245 - Beers With Our Founding Fathers

A Patriot’s view of the history and direction of our Country

Seventh Amendment

Right to Jury in Civil Suits
The natural rights provided for in the Declaration of

Independence – Life, Liberty and Pursuit of Happiness – extend to
the civil side of our judicial system. You may have made a complaint

to a police officer or agency, and heard the reply, “That is a civil
matter.” What does that mean?

In our justice system there are criminal, civil and administrative
– each with their own levels of proof, procedures and evidence.

Criminal cases are illicit acts a person commits, against another
person (i.e. assault) or society (i.e. speeding). Criminal cases are

charged as offenses against the state (or other governing body with
jurisdiction) on behalf of the people. Criminal offenses carry a form

of incarceration as a potential penalty. Civil cases are wrongdoings
in which there may be a claim for damages. Although a single act

may be criminal, civil or both, they are not concurrent and
procedures are different, and one is not reliant upon the other. As

an example, a person may be charged with a criminally negligent
homicide and sued for wrongful death. These are different cases

with different court and evidentiary procedures, and the civil claim
has a much lower level of proof. A person can be found innocent or

guilty criminally, and then face a civil suit and be found liable or not
– without consideration of any other legal claim.

Generally the Fourth through Sixth Amendments are not

applicable to civil cases. However, in the Sixth Amendment, the
right to a speedy and public trial has been codified both federally
and within the states, and for the same reasons as enumerated in

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