Thursday, October 17, 2019
Inquisitorial System & Adversarial System Article
Inquisitorial System & Adversarial System - Article Example But unlike the suggestion of the name, the continental European Law is not only meant for the European Union, but is also applicable in other continents such as Asia, South America, and Central America. Within the countries that follow the common law standards, the decisions rely mostly on the negotiation abilities of Lawyers which play a major role in examining and cross questioning of witnesses. This law is more prominent for countries that follow the American legal system such as Canada, Australia, and of course the United States of America. Includes the Muslim Law, Jewish Halakha, etc. And is mostly practiced in countries where the government is based on religionist principles, rather than practicability. Most of the Common and Civil law countries oppose Religious laws as these normally bring about severe and extremely dire punishments such as experienced mostly in the case of Islamic Laws. Besides these punishments, where ever these laws apply, other aspects have also been witnessed, such as degradation of the value of women in society, favour of self religion or the prime religion of the country (rest are deemed as outsiders and unfairness can thus be witnessed within the religious legal systems), and others.5 Based on the opinion of the author of this report; Inquisitorial System, which is the better amongst the 2 (adversarial and inquisitorial), is the system to present evidence in such a manner so as it leaves the court to decide who the culprit is or to make a fair decision on the honesty amongst any 2 parties.9 Inquisitorial System very generally implies to inquiries related to criminal procedures, and not inquiries related to substantive law. The inquisitorial system is usually used along with economies that rely on the Civil Legal systems, although it is not followed in 'all' civil legal systems, and still 'some' economies which are even though based on the Civil Legal systems, rely on other methods of revealing evidence in Court. Herewith the judge may directly question the witnesses and the criminal against whom charges have been pressed, in order to clarify the matter to him further. In very simple words, here in the inquisitorial Legal
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