Podcast
Questions and Answers
In an adversarial legal system, what is the primary role of the court?
In an adversarial legal system, what is the primary role of the court?
- Determining which witnesses will be called to testify.
- Serving as a neutral referee between the prosecution and the defense. (correct)
- Actively investigating the facts of the case.
- Ensuring speedy justice by limiting time petitions.
Which of the following best describes the primary goal of an inquisitorial legal system?
Which of the following best describes the primary goal of an inquisitorial legal system?
- To empower lawyers with extensive control over case management.
- To actively investigate facts and achieve justice for individuals and society. (correct)
- To provide a platform for open competition between opposing parties.
- To ensure strict adherence to judicial precedent.
In an adversarial system, who primarily determines what witnesses are called and the nature of their evidence?
In an adversarial system, who primarily determines what witnesses are called and the nature of their evidence?
- The judges, based on their assessment of the case.
- A panel of legal experts, independent of the parties involved.
- The court, ensuring impartiality.
- The prosecution and the defense. (correct)
How does the use of judicial precedent typically differ between adversarial and inquisitorial systems?
How does the use of judicial precedent typically differ between adversarial and inquisitorial systems?
Which of the following statements best describes the role of lawyers in an inquisitorial system, compared to an adversarial system?
Which of the following statements best describes the role of lawyers in an inquisitorial system, compared to an adversarial system?
In which system does the judge typically play a more active role in questioning witnesses and hearing parties directly?
In which system does the judge typically play a more active role in questioning witnesses and hearing parties directly?
How does case management typically differ between adversarial and inquisitorial systems?
How does case management typically differ between adversarial and inquisitorial systems?
In which system are references and information more likely to be presented by the judge, in addition to the lawyers?
In which system are references and information more likely to be presented by the judge, in addition to the lawyers?
In an adversarial system, who primarily manages the case and enjoys considerable freedom in managing it?
In an adversarial system, who primarily manages the case and enjoys considerable freedom in managing it?
Which aspect receives priority in an inquisitorial system compared to an adversarial system?
Which aspect receives priority in an inquisitorial system compared to an adversarial system?
Why is case management often considered less effective in an adversarial system?
Why is case management often considered less effective in an adversarial system?
How does the extent of a judge's discretionary power typically differ between adversarial and inquisitorial systems?
How does the extent of a judge's discretionary power typically differ between adversarial and inquisitorial systems?
What is a common consequence of permitting repeated time petitions in an adversarial system?
What is a common consequence of permitting repeated time petitions in an adversarial system?
What is a primary objective of the inquisitorial system concerning case disposal?
What is a primary objective of the inquisitorial system concerning case disposal?
In handling time petitions, how does the role of a judge differ between adversarial and inquisitorial systems?
In handling time petitions, how does the role of a judge differ between adversarial and inquisitorial systems?
Flashcards
Adversarial System
Adversarial System
Court acts as a referee between prosecution and defense; a contest between two parties (e.g., The Crown and the accused).
Inquisitorial System
Inquisitorial System
Court actively involved in proof of facts via investigation; focuses on resolving disputes and achieving justice.
Adversarial System Aim
Adversarial System Aim
Aims to find truth through open competition between prosecution and defense.
Inquisitorial System Aim
Inquisitorial System Aim
Signup and view all the flashcards
Adversarial System - Witnesses
Adversarial System - Witnesses
Signup and view all the flashcards
Inquisitorial System - Witnesses
Inquisitorial System - Witnesses
Signup and view all the flashcards
Adversarial System - Precedent
Adversarial System - Precedent
Signup and view all the flashcards
Inquisitorial System - Precedent
Inquisitorial System - Precedent
Signup and view all the flashcards
Adversarial System - Lawyers
Adversarial System - Lawyers
Signup and view all the flashcards
Inquisitorial System - Lawyers
Inquisitorial System - Lawyers
Signup and view all the flashcards
Adversarial System - Judges
Adversarial System - Judges
Signup and view all the flashcards
Inquisitorial System - Judges
Inquisitorial System - Judges
Signup and view all the flashcards
Adversarial System - Case Management
Adversarial System - Case Management
Signup and view all the flashcards
Inquisitorial System - Case Management
Inquisitorial System - Case Management
Signup and view all the flashcards
Adversarial System - Evidence Priority
Adversarial System - Evidence Priority
Signup and view all the flashcards
Study Notes
- An adversarial system is a legal framework where the court serves as a neutral referee between the prosecution and the defense; the process operates as a contest between two opposing sides.
- In criminal trials within an adversarial system, the two parties involved are typically the Crown and the accused.
- The court maintains a non-partisan role in an adversarial system.
- An inquisitorial system is a legal system where the court actively participates in fact-finding through case investigation.
- Inquisitorial systems prioritize resolving disputes and delivering justice for individuals and society.
Key Distinctions
- Adversarial systems seek truth through open competition between prosecution and defense.
- Inquisitorial systems aim to uncover truth through extensive investigation and examination of all evidence.
- In adversarial systems, parties control witness selection and evidence presentation, with the court overseeing the process.
- In inquisitorial systems, the court manages the trial, determining witness selection and order.
- Adversarial systems rely on binding judicial precedent from higher courts.
- Inquisitorial systems make little use of judicial precedent, allowing judges to decide cases independently based on statutes.
- Lawyers play an active role in adversarial systems.
- Lawyers have a passive role in inquisitorial systems.
- Judges in adversarial systems pronounce judgment based on hearings, evidence, and examination/cross-examination.
- Judges play an active role in questioning and directly hearing parties in inquisitorial systems.
- The judge's role is passive in adversarial systems.
- The judge's role is active in inquisitorial systems.
- Case management in adversarial systems does not depend on judges, resulting in a lower contribution to case disposal.
- Case management depends on judges in inquisitorial systems, increasing their contribution to case disposal.
- References are presented by lawyers in adversarial systems.
- Judges also present references and play an active role in inquisitorial systems.
- Case management depends on lawyers, who have considerable freedom in adversarial systems.
- Case management depends on judges, who set timeframes for case disposal in inquisitorial systems.
- Hearing, evidence, and examination/cross-examination by lawyers are prioritized in adversarial systems.
- Documents and factual information are prioritized in inquisitorial systems.
- Case management may be ineffective in adversarial systems due to limited judge-party interaction, hindering speedy case disposal.
- Case management is effective in inquisitorial systems, as judges can exchange views with parties for quicker case resolution.
- Judges in adversarial systems have discretionary power, but it's limited by the evidence.
- Judges in inquisitorial systems have extensive discretionary power.
- Repeated time petitions are common in adversarial systems, causing delays.
- Inquisitorial systems aim to reduce time for case disposal and ensure speedy justice, with judges actively managing time petitions.
Studying That Suits You
Use AI to generate personalized quizzes and flashcards to suit your learning preferences.
