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Social Sciences and History / Unit 8   SSH 0718 short lesson, about 20 seconds

Why a Common-Law Judiciary Matters

Captions available

The idea

The framers prized an independent judiciary in a common-law system, where judges develop the law through case decisions largely built on precedent. They could not foresee the courts' role in interpreting the Constitution, shaping policy, and preserving and expanding individual rights.

In practice

Civil law: private rights and remedies; criminal law: harm and punishment.

Where people slip

Stare decisis: relying on past decisions.

Your place on the trail

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