Chapter 2 : Adversarial and Inquisitorial Systems
Meaning :
* No precise or simple meaning
1) Adversarial System
* A outline which provide a bout between two people with conflicting interest
* Cth : -
* Criminal exercise (Public Prosecutor vs.
Accused Person )
* Civil Case ( a plaintif and a defendant )
* refer to the common honor system of conducting proceedings in which the parties have the primary responsibility for specify the issue in dispute and for investigating and advancing the dispute
* event finder (judge or jury) will remain neutral and static throughout the proceeding
* generally adopted in common law countries
* commonly used in the British Commonwealth and the USA
* referee is done when the most effective adversary is able to impel the judge or jury that his or her perspective on the case is the correct one
* lawyer must not be controlled by any organization or association [ s 77 Legal Profession Act 1976 ]
* has not been all in all accepted by the Govt
* Attorney General may love the rules and the ethics of the lawyer (interfere with the ruling of Bar Council)
* Lawyer is not permitted to work in a company or with anybody live on out 4 a law firm in target to prevent the lawyer from being controlled by the client
* Core judgment of litigation in Malaysia
* Independence in the adversarial system in England is greater compare to Malaysia
* No division between the aim of the advocates and the solicitors
* Lawyers are the advocates and as well the solicitor
* In England :
* Solicitor pretend the summary of facts and choose the appropriate barrister for the client
* Barrister prepare the drafting of the plead and conducts the presentation of the case in the court
* Jury system has been abolished in Malaysia
* Judges will deal with relevant issues...If you want to get a full essay, order it on our website: Ordercustompaper.com
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