adversarial systems. help. (1 Viewer)

[heavenli_kisses]

ive just changed subjects and im doing legal studies now. i was wondering if anyone knew what the definition for an adversarial system is? and what kind of system australia follows? and do you know any examples of a case that can be heard in a adverserial court? thanks alot. =P

 

[aLeeOh!]

youve just changed??@?@?!?!?!
oh... but your inyear 11 right?...
well, just check in your textbooks.. it should all be in there.... just look and you will find...

 

[clerisy]

Yeah, it should all be in your textbook.

Australia has an adversarial system, and so any Australian case you find is going to be an example. it's pretty much the court system where two opposing parties bring their side of the story before an unbiased judge, for him to decide. Compare with the inquisitorial system, where the judge goes out and finds the evidence himself before making a decision.

 

[suz]

Just adding to what clerisy said in the adversarial system the judge plays a more passive role and just presides over the case to make sure that correct legal procedures are followed, etc. Countries like Australia use the adversarial system opposed to European countries like France which use the inquisitorial system

 

[aud]

Adversarial system of trial comes from the British Civil Law (if I remember right), and Inquisitorial comes from the Romans... so USA, England and Australia use adversarial, Japan, France and Germany use inquisitorial...
Adversarial means just that - two adversaries (opposing parties) arguing their case with evidence and proof and stuff... inquisitorial is where the judge conducts an inquisition by themselves to determine which party 'wins'...
It should all be in a textbook, with the disadvantages/advantages of both...

 

[Ziff]

Isn't it Louisiana? ('Cause they were French...)

And perhaps that ex-Spanish/Mexican place!

 

[Tenille]

quebec and louisiana

 

[Ziff]

Quebec isn't in the USA

 

[santaslayer]

??

quebec?

 

[Ziff]

Oh Canada our home and native land...

*farts right on santaslayer's face*

 

[Tenille]

no but its another region ruled under inquisitoral but the country is adversarial /.

so shut up i backed up your answer leave me alone.

 

[elizabethy]

Originally posted by heavenli_kisses
ive just changed subjects and im doing legal studies now. i was wondering if anyone knew what the definition for an adversarial system is? and what kind of system australia follows? and do you know any examples of a case that can be heard in a adverserial court? thanks alot. =P

adversarial system is where the parties run the case.....they present all the facts n witnesses .....the judge then makes decision based on these facts n law