Politics and Law Test 2

Adversarial Legal System

A legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth and pass judgment accordingly.

Inquisitorial Legal System

A legal system in which inquiry principles are used to determine the truth of a case - the judge leads an inquiry into the truth, including collecting evidence, determining a verdict, and sentencing.

Standard of Proof

The level of certainty and the degree of evidence necessary to establish proof in a criminal or civil proceeding.

Witness

A person who sees an event, typically a crime or accident, take place.

Plaintiff

A person who brings a civil case against a Defendant.

Defendant

A person who is being sued or accused of a crime in a civil dispute or criminal matter.

Prosecution

The institution responsible for conducting legal proceedings against someone in respect of a criminal charge.

Civil Law

The body of law responsible for governing disputes between two or more private parties.

Criminal Law

the body of law responsible for dealing with crimes and their punishment.

Natural Justice

The right to be treated fairly in legal matter without prejudice or unfair treatment. Four principles include impartial adjudication, evidence based judgement, open trials, and the hearing of both parties.

Criminal Law

a system of law concerned with the punishment of those who commit crimes against society.

Judicial Discretion

A judge's ability to make decisions guided by social values and beliefs, as well as mitigating and aggravating factors.

Jury

A body of citizens convened to consider the facts of a case to deliver an impartial verdict on an accused.

Wrongful Conviction

A conviction that occurs when an innocent person is found guilty due to the failure of one or more of the principles of natural justice.

Parquet

The Parquet represents the Prosecution in legal cases, and in lower level cases often serves as Judicial Office. This often leads to an overlapping of the Executive and Judicial arms of Government.

Juge D'Instruction

The 'Examining Judge' is responsible for conducing investigations into cases, compiling evidence dossiers, determining rules and procedures, and interviewing witnesses.