16 Questions
What is one of the main advantages of an adversarial system in terms of witness credibility?
The use of cross-examination can be an effective way to test the credibility of witnesses presented.
How does the adversarial system impact accessibility and affordability to justice?
The system creates an in-built discrimination amongst litigants, as parties with better resources are able to access justice by hiring competent lawyers and presenting sophisticated evidence.
What is one of the drawbacks of the adversarial system in terms of judicial role?
Judges play a less active role, only evaluating the matter based on the evidence presented before them.
What is one of the main advantages of an inquisitorial system in terms of trial efficiency?
The system offers procedural efficiency as the active role of judges prevents delays and prolonged trials.
How does the inquisitorial system promote equality between parties?
The system preserves equality between the parties, as even the stronger party with more resources and expert lawyers may not be able to influence the judges.
What is one of the drawbacks of an inquisitorial system in terms of judicial impartiality?
The judge may no longer remain neutral to evaluate the case with an open mind, as they step into the shoes of an investigator.
What is one of the challenges of the inquisitorial system in terms of judicial incentives?
There may be a lack of an incentive structure for judges to involve themselves in proper fact finding.
What is a key difference between the adversarial and inquisitorial systems in terms of the role of lawyers?
In the adversarial system, lawyers play a more active role, while in the inquisitorial system, the judge takes on a more active role.
What is a major limitation of the adversarial system in terms of access to justice?
The cost of the justice system falls upon the parties, creating an in-built discrimination amongst the litigants.
How does the adversarial system impact the pace of trials?
The role of lawyers and procedural formalities, such as cross-examination, can prolong the trial and lead to delays.
What is a key advantage of the inquisitorial system in terms of judicial role?
The active role of judges prevents delays and prolonged trials.
What is a potential drawback of the inquisitorial system in terms of judicial impartiality?
The judge may no longer remain neutral to evaluate the case with an open mind.
How does the adversarial system approach the role of judges in a trial?
Judges play a less active role, evaluating the matter based on the evidence presented.
What is a potential limitation of the inquisitorial system in terms of judicial incentives?
There may be a lack of an incentive structure for judges to involve themselves in proper fact-finding.
What is a key benefit of the inquisitorial system in terms of party equality?
The system preserves equality between the parties, even if one party has more resources and expert lawyers.
How does the adversarial system impact the outcome of a trial?
The parties may be more willing to accept the results when they are given effective control over the process.
Study Notes
Adversarial System
- Use of cross-examination can effectively test witness credibility
- Parties are more likely to accept results when they have control over the process
- Disadvantages include:
- Cost of justice system falls on parties, creating discrimination among litigants
- Parties with better resources can access justice more easily, while those without resources may not
- Lawyers and procedural formalities (e.g. cross-examination) can prolong trials and lead to delays
- Judges play a less active role, only evaluating evidence presented and not seeking truth
Inquisitorial System
- Advantages include:
- Procedural efficiency, as judges' active role prevents delays and prolonged trials
- Equality between parties, as stronger parties with more resources cannot influence judges
- Disadvantages include:
- Judges, as investigators, may not remain neutral and evaluate the case with an open mind
- Lack of incentive structure for judges to engage in proper fact-finding
Adversarial System
- Use of cross-examination can effectively test witness credibility
- Parties are more likely to accept results when they have control over the process
- Disadvantages include:
- Cost of justice system falls on parties, creating discrimination among litigants
- Parties with better resources can access justice more easily, while those without resources may not
- Lawyers and procedural formalities (e.g. cross-examination) can prolong trials and lead to delays
- Judges play a less active role, only evaluating evidence presented and not seeking truth
Inquisitorial System
- Advantages include:
- Procedural efficiency, as judges' active role prevents delays and prolonged trials
- Equality between parties, as stronger parties with more resources cannot influence judges
- Disadvantages include:
- Judges, as investigators, may not remain neutral and evaluate the case with an open mind
- Lack of incentive structure for judges to engage in proper fact-finding
This quiz covers the benefits and drawbacks of adversarial and inquisitorial legal systems, including the impact on witness credibility and cost of justice. Learn about the pros and cons of each system.
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