TS AND CASES APPLICABLE
Amendment VII governs only courts which sit under the authority of the
United States,[10] including courts in the territories[11] and the
District of Columbia.[12] It does not apply to a State court even when
it is enforcing a right created by federal statute.[13] Its coverage is
"* * * limited to rights and remedies peculiarly legal in their nature,
and such as it was proper to assert in courts of law and by the
appropriate modes and proceedings of courts of law."[14] The term
"common law" is used in contradistinction to suits in which equitable
rights alone were recognized at the time of the framing of the amendment
and equitable remedies were administered.[15] Hence it does not apply to
cases where recovery of money damages is incident to equitable relief
even though damages might have been recovered in an action at law.[16]
Nor does it apply to cases in admiralty and maritime jurisdiction, in
which the trial is by a court without a jury.[17] Nor does it reach
statutory proceedings unknown to the common law, such as an application
to a court of equity to enforce an order of an administrative body.[18]
CASES NOT GOVERNED BY THE AMENDMENT
Omission of a jury has been upheld in the following instances on the
ground that the suit in question was not a suit at common law within the
meaning of the Seventh Amendment;
(1) Suits to enforce claims against the United States.[19]
(2) Suit authorized by Territorial law against a municipality, based
upon a moral obligation only.[20]
(3) Suit to cancel a naturalization certificate for fraud.[21]
(4) Order of deportation of an alien.[22]
(5) Assessment of damages in patent infringement suit.[23]
(6) Longshoremen's and Harbor Workers' Compensation Act.[24]
(7) Jurisdiction of bankruptcy court to examine into reasonableness of
fees paid by person for legal services in contemplation of
bankruptcy.[25]
(8) Final decision of customs appraisers in regard to value of
imports.[26]
It has been further held that there was no infringement of the
constitutional right to trial by jury in the following circumstances:
(1) A territorial statute requiring specific answers to special
interrogations, in addition to a general verdict.[27]
(2) A rule of a District of Columbia court authorizing judgment by
default in an action _ex contractu_, on failure to show by affidavit a
good defense.[28]
(3) A federal court's observance of a State statute ma
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