Journal Journal: Arbitration Agreements
On Marketplace this morning, consumer advocate Jamie Court made a very imprecise statement of law while discussing arbitration clauses in credit card agreements. He remarked that the 7th Amendment guarentees a right to a trial by jury. This is not exactly true. The Supreme Court decided in Colgrove v. Battin that the Seventh Amendment preserves the right of a trial by jury in federal civil cases as it "existed under the English common law when the amendment was adopted."