Damages
S2, Ep5 | On Judges, Juries, and Precedent
May 19, 2022
The podcast explores the differences between civil and common law systems, including the presence of juries. It discusses the concept of precedent in common law and the potential consequences of overturning it using examples like Roe v. Wade. The chapter also touches on the EPA's power to regulate greenhouse gas emissions, the Citizens United case, and the role of the First Amendment in protecting corporate speech.
24:46
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Quick takeaways
- Civil law countries rely on legal codes while common law countries follow precedent.
- The presence of juries in civil trials is unique to the United States.
Deep dives
Importance of Common Law and Civil Law Systems
Most countries in the world operate under either the common law or civil law systems. Common law, which originated in England, spread to English-speaking countries such as the US, Canada, Australia, and the UK. On the other hand, civil law, developed in continental Europe, is practiced in countries like Spain, Portugal, and most of Latin America. Understanding the differences between these two legal systems is crucial, especially in the context of climate litigation where over 1,800 cases are currently underway worldwide.
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