law lecture 107

Legal Systems

Adversarial System

• Definition: In this system, two opposing parties present their evidence and arguments to a neutral judge (and sometimes a jury).

• Role of the Parties: Each side is responsible for presenting their case, which includes gathering evidence, questioning witnesses, and making legal arguments.

• Judge's Role: The judge ensures that the trial follows legal procedures, rules on the admissibility of evidence, and maintains order in the courtroom but does not actively investigate the facts of the case.

• Example Interaction: Parties will question each other’s witnesses and challenge the evidence presented to strengthen their own case.

Inquisitorial System

• Definition: This system is characterized by an active role of the judge in investigating the facts of a case.

• Judge's Role: The judge acts as an inquisitor, actively questioning witnesses and parties involved to gather information and clarify facts.

• No Adversarial Role: Unlike the adversarial system, the emphasis is on finding the truth rather than winning a case, reducing the competitive nature between parties.

• Cross-Examination: The judge can cross-examine both sides, facilitating a more thorough inquiry into the case without relying solely on the parties to present their arguments.

Key Differences

• Evidence Presentation: In the adversarial system, evidence is presented by the parties; in the inquisitorial system, the judge plays a primary role in evidence gathering.

• Type of Questions: The inquisitorial system allows for more comprehensive questioning by the judge, while in adversarial settings, questioning often follows strict procedural protocols.

• Case Outcome Focus: The adversarial system is focused on winning the case, whereas the inquisitorial system is geared towards discovering the truth of the matter.