Adversarial and Inquisitorial Legal Systems Flashcards
What is the definition of the adversarial legal system?
A legal system where two opposing parties present their cases before an impartial judge or jury.
Common in common law countries like the UK, USA, and Australia.
What is the definition of the inquisitorial legal system?
A legal system where the judge actively investigates the case, gathers evidence, and questions witnesses.
Common in civil law countries like France, Germany, and Italy.
What is the role of the judge in an adversarial system?
The judge acts as a neutral referee, ensuring fair proceedings but does not investigate the case.
What is the role of the judge in an inquisitorial system?
The judge plays an active role in investigating the case and gathering evidence.
What is the role of lawyers in an adversarial system?
Lawyers play a dominant role, presenting arguments, questioning witnesses, and challenging evidence.
What is the role of lawyers in an inquisitorial system?
Lawyers have a lesser role; the judge primarily controls the investigation and questioning.
In the adversarial system, what must the prosecution prove?
The prosecution must prove the case beyond a reasonable doubt.
In the inquisitorial system, how does the judge approach the evidence?
The judge seeks the truth by actively examining the evidence.
How is evidence collected in an adversarial system?
Evidence is presented by both parties, and cross-examination is a key element.
How is evidence collected in an inquisitorial system?
The judge gathers and examines evidence before and during the trial.
What is the use of a jury in an adversarial system?
Commonly uses a jury to decide guilt or innocence.
What is the reliance on a jury in an inquisitorial system?
Less reliance on juries; judges often make the final decision.
How do trials differ in speed and efficiency between adversarial and inquisitorial systems?
Adversarial trials can be lengthy due to procedural delays; inquisitorial trials are often more efficient.
What does the adversarial system emphasize?
Emphasizes fairness, with strict rules of evidence and procedure.
What does the inquisitorial system focus on?
Focuses on discovering the truth, allowing more flexibility in procedures.
Name two example countries that use the adversarial system.
United Kingdom, United States.
Name two example countries that use the inquisitorial system.
France, Germany.
True or False: The adversarial system prioritizes truth-seeking.
False.
True or False: The inquisitorial system emphasizes fairness and party control.
False.
Fill in the blank: The adversarial system is common in _______ countries.
common law
Fill in the blank: The inquisitorial system is common in _______ countries.
civil law
