Podcast
Questions and Answers
What is one of the main advantages of an adversarial system in terms of witness credibility?
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?
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?
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?
What is one of the main advantages of an inquisitorial system in terms of trial efficiency?
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How does the inquisitorial system promote equality between parties?
How does the inquisitorial system promote equality between parties?
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What is one of the drawbacks of an inquisitorial system in terms of judicial impartiality?
What is one of the drawbacks of an inquisitorial system in terms of judicial impartiality?
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What is one of the challenges of the inquisitorial system in terms of judicial incentives?
What is one of the challenges of the inquisitorial system in terms of judicial incentives?
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What is a key difference between the adversarial and inquisitorial systems in terms of the role of lawyers?
What is a key difference between the adversarial and inquisitorial systems in terms of the role of lawyers?
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What is a major limitation of the adversarial system in terms of access to justice?
What is a major limitation of the adversarial system in terms of access to justice?
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How does the adversarial system impact the pace of trials?
How does the adversarial system impact the pace of trials?
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What is a key advantage of the inquisitorial system in terms of judicial role?
What is a key advantage of the inquisitorial system in terms of judicial role?
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What is a potential drawback of the inquisitorial system in terms of judicial impartiality?
What is a potential drawback of the inquisitorial system in terms of judicial impartiality?
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How does the adversarial system approach the role of judges in a trial?
How does the adversarial system approach the role of judges in a trial?
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What is a potential limitation of the inquisitorial system in terms of judicial incentives?
What is a potential limitation of the inquisitorial system in terms of judicial incentives?
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What is a key benefit of the inquisitorial system in terms of party equality?
What is a key benefit of the inquisitorial system in terms of party equality?
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How does the adversarial system impact the outcome of a trial?
How does the adversarial system impact the outcome of a trial?
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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
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Description
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.
