Comparison Of The Systems Flashcards
Role of the parties in the Adversary System
Parties have full control of their case with the help of legal representatives. Eg- initiate proceedings
Role of parties in Inquisitorial System
Do not control their case, respond to directions of court
Role of judge in Adversary System
Leaves the conduct of the case to the parties. Makes sure rules of evidence and procedure are followed
Role of judge in Inquisitorial System
Judge takes an active role. Controls investigation
Role of legal representation in Adversary System
Legal representatives play a vital role. Brings evidence into court
Role of legal representation in Inquisitorial System
Not essential. Helps judge find the truth
Collection of evidence in Adversary System
Evidence is collected by parties
Collection of evidence in Inquisitorial System
Evidence is collected by examining judge. With a dossier
Types of evidence in Adversary System
Oral evidence with strict rules of evidence and procedure
Types of evidence in Inquisitorial System
Written evidence with no strict rules of evidence and procedure
Character evidence and past record in Adversary System
Not available. May cause bias against accused
Character evidence and past record in the Inquisitorial System
Are available in the dossier. Judge has thorough knowledge
Witnesses in Adversary System
Only respond to questions. May leave out vital information
Witnesses in Inquisitorial System
Tells whole story uninterrupted by questions
Burden and standard of proof in Adversary System
Present in the Adversary System
