5.1.3 Inquisitorial System v Adversary System

Question 1

Role of the Judge:

Answer 1

Judge is more active

Question 2

Role of the Judge Similarity 1:

Answer 2

Judge an independent and impartial umpire

Question 3

Role of the Judge Difference 1:

Answer 3

Judge takes an active role in the inquisitorial system. The judge can define the issues in court, control examination of witnesses and can investigate prior to the trial.

Question 4

Role of the Judge Difference 2:

Answer 4

The active role of the judge diminishes the need for legal representation, as witnesses tell their own story uninterrupted by questions and lawyers can only ask questions when granted permission from the judge

Question 5

Strict Rules of Evidence and Procedure:

Answer 5

Do not apply

Question 6

Strict Rules of Evidence and Procedure Similarity:

Answer 6

Judge determines whether evidence is admissible, with illegally obtained evidence not admissible in court.

Question 7

Strict Rules of Evidence and Procedure Difference 1:

Answer 7

No strict rules of evidence and procedure.

Question 8

Strict Rules of Evidence and Procedure Difference 2:

Answer 8

Hearsay evidence is allowed as witnesses narrate their story fully which can contain hearsay.