The U.S. Constitution provides that any party to a civil lawsuit has a right to a trial by jury in all cases at law "where the value in controversy shall exceed $20.". What was the reason for providing a minimum dollar limitation? Is the purpose still served? Discuss the implications of providing rights tied to dollar amounts specified in a constitution
Twenty dollars was the stated amount in the U.S. Constitution as the amount necessary before the considerable effort and expense of a jury was deemed appropriate. The consideration was one of balance. At some point the economic loss to the individual does not require so extreme a protection from the state. Twenty dollars in 1787 was a large sum; today it won't suffice for a couple's tickets and popcorn at a first-run movie. The drafter's constitutional intent has been thwarted by erosion of the purchasing power of the dollar over the years. Thus, the original language no longer serves its purpose. Persons exercise the right to trial by jury for very trivial matters. Fixing a dollar amount in most laws, let alone constitutions, is a bad idea. Indexing for inflation or deflation will cure most problems created by establishing dollar amounts in a proposed law. For example, the original stated
amount for grand theft could fluctuate up or down, at periodic intervals, in accordance with the Consumer Price Index (CPI), calculated by the U.S. Bureau of Labor Statistics.
You might also like to view...
What is cost of goods sold? Describe the flow of this cost through the job order costing system. Your answer should include the accounts involved and whether the flow involves a debit or credit
What will be an ideal response
A capitalized leased asset is always depreciated over the term of the lease by the lessee
a. true b. false