Small Claims Court

I think that my earlier post about incorporating the Seventh Amendment was wrong. I’m not sure that any state forces people to go into small claims court and therefore receive no jury trial in a civil case. Looks like small claims court is always just an option for people who want to avoid the expense of ordinary civil courts. But I would need more research to be certain.

Actually, it’s not clear whether incorporating the Seventh Amendment would do anything. If that is correct, then an incorporation case will never arise.

 

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3 Responses

  1. Joe says:

    Last part might warrant clarification.

    • Henry Cohen says:

      Gerard might mean that, with or without incorporation of the 7th Amendment, one can bring a small claim before a jury. It is just that, without incorporation, it must be in a court other than small claims court. But this would make a difference, because courts other than small claims court are not as consumer-friendly, so to speak, as small claims courts. To that, one could reply, if you insist on a jury trial, then you’re not entitled to a consumer-friendly forum.

      • Joe says:

        “Actually, it’s not clear whether incorporating the Seventh Amendment would do anything. If that is correct, then an incorporation case will never arise.”

        Sounds like he is saying that there is no likely case at all — beyond small claims matters — and the 7A being incorporated would be merely academic. But, don’t know.

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