HISTORICAL SOURCES OF LAW

Definition of Adversarial System

A legal system where two opposing parties present their cases to an impartial judge or jury

Definition of Inquisitorial System

A legal system where the judge plays an active role in investigation the case and questioning witnesses

What is the role of the judge in Adversarial systems?

Neutral arbiter who ensures fair play between the parties

What is the role of the judge in Inquisitorial systems?

Active investigator who directs the proceedings and gathers evidence

What is the role of the parties in Adversarial Systems?

Parties control the presentation of evidence and arguments.

What is the role of the parties in Inquisitorial systems?

Judge controls the evidence collection, and parties have limited control

How are the decisions made in adversarial systems?

Verdict determined by jury or judge basedon presented evidence.

How are the decisions made in Inquisitorial systems?

Decision is made by judge after evaluating evidence and testimony

Advantages of Adversarial systems

• Encourages thorough preparation and presentation

• Allows for vigorous advocacy

• Juries can provide community values

Advantages of Inquisitorial systems

• More efficient and streamlined

• Judge's active role may lead to a more thorough investigation

• Reduced focus on legal technicalities

Disadvantages of Adversarial systems

• Potential for unfair tactics or manipulation

• May rely too heavy on the quality of legal representation

• Jury bias can influence outcomes

Disadvantages of Inquisitorial systems

• Risk of judicial bias if the judge is not impartial

• Less opportunity for parties to present their case fully

• Can lack transparency compared to adversarial systems