[ARTICLE VII.--1791]

 

     In suits at common law, where the value in controversy shall exceed twenty dollars, the right of trial by jury shall be preserved, and no fact tried by a jury shall be otherwise re-examined in any Court of the United States, than according to the rules of the common law.

 

Attorney General Opinions

 

  Proposed legislation did not violate federal constitutional law to extent it diminished the number of members on jury panels in either civil or criminal trials.  Att. Gen. Op. 97-2.

 

Law Journals and Reviews

 

  Hawai‘i 2000 Report Regarding Lawyers' Opinion Letters in Mortgage Loan Transactions.  22 UH L. Rev. 347.

  Blast It All:  Allen Charges and the Dangers of Playing With Dynamite.  32 UH L. Rev. 323 (2010).

 

Case Notes

 

  Right to jury trial of defendant not affected by plaintiff's election to proceed in admiralty in action to foreclose ship mortgage.  934 F.2d 1026.

  Right to jury trial not violated by use of random sample of claimants in an aggregate trial.  910 F. Supp. 1460.

  Because 18 U.S.C. §4248 of the Adam Walsh Child Protection and Safety Act is civil and not criminal in nature, the Constitution's cruel and unusual punishment clause does not apply.  574 F. Supp. 2d 1123.

  Discussed; effect of procedural rules.  50 H. 528, 445 P.2d 376.

  Not binding on states.  53 H. 372, 493 P.2d 1032.

  Although court may set aside jury verdict, respect for the jury's assessment of the evidence is mandated.  57 H. 378, 557 P.2d 788.

  No right to jury trial in paternity action.  5 H. App. 558, 705 P.2d 535.

  Where third party leasing agents were not parties to lease agreement between landlord and tenant, express waiver of right to jury trial in agreement did not apply to those third parties.  85 H. 300 (App.), 944 P.2d 97.

  Referred to:  43 H. 246, 249.