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ChatGPT
Jun 19
Adversarial refers to a legal system where two opposing parties present their arguments to a neutral judge or jury who then makes a decision based on the evidence presented. This system is commonly used in common law countries such as the United States and the United Kingdom.
Inquisitorial refers to a legal system where the judge or panel of judges take an active role in investigating the facts of the case and gathering evidence. This system is commonly used in civil law countries such as France and Germany.
Inquisitorial refers to a legal system where the judge or panel of judges take an active role in investigating the facts of the case and gathering evidence. This system is commonly used in civil law countries such as France and Germany.
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Google Gemini AI
Jun 19
Adversarial System
- Definition: A legal system where opposing parties present their cases before an impartial adjudicator (e.g., judge or jury).
- Characteristics:
- Focuses on conflict between parties.
- Attorneys actively advocate for their clients' interests.
- Discovery process enables parties to gather evidence and build their cases.
- Adjudicators (judges or juries) are expected to remain neutral and impartial.
- Precedent is less influential in decision-making.
- Example: The U.S. legal system.
Inquisitorial System
- Definition: A legal system where the adjudicator (e.g., judge) plays an active role in investigating the facts of a case and determining the truth.
- Characteristics:
- Focuses on discovering and establishing the truth through questioning and investigation.
- Judges are not impartial arbiters but actively participate in the fact-finding process.
- Discovery is limited or non-existent.
- Attorneys play a less adversarial role and focus on assisting the judge.
- Precedent and legal principles are more influential in decision-making.
- Example: The French legal system.
Key Differences:
| Feature | Adversarial System | Inquisitorial System |
|---|---|---|
| Role of Adjudicator | Impartial arbiter | Active investigator |
| Attorney's Role | Advocate for clients | Assist the adjudicator |
| Focus | Conflict between parties | Discovering the truth |
| Discovery | Extensive | Limited or non-existent |
| Role of Precedent | Less influential | More influential |
- Definition: A legal system where opposing parties present their cases before an impartial adjudicator (e.g., judge or jury).
- Characteristics:
- Focuses on conflict between parties.
- Attorneys actively advocate for their clients' interests.
- Discovery process enables parties to gather evidence and build their cases.
- Adjudicators (judges or juries) are expected to remain neutral and impartial.
- Precedent is less influential in decision-making.
- Example: The U.S. legal system.
Inquisitorial System
- Definition: A legal system where the adjudicator (e.g., judge) plays an active role in investigating the facts of a case and determining the truth.
- Characteristics:
- Focuses on discovering and establishing the truth through questioning and investigation.
- Judges are not impartial arbiters but actively participate in the fact-finding process.
- Discovery is limited or non-existent.
- Attorneys play a less adversarial role and focus on assisting the judge.
- Precedent and legal principles are more influential in decision-making.
- Example: The French legal system.
Key Differences:
| Feature | Adversarial System | Inquisitorial System |
|---|---|---|
| Role of Adjudicator | Impartial arbiter | Active investigator |
| Attorney's Role | Advocate for clients | Assist the adjudicator |
| Focus | Conflict between parties | Discovering the truth |
| Discovery | Extensive | Limited or non-existent |
| Role of Precedent | Less influential | More influential |
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