Adversarial And Inquisitorial System

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Chapter 2 : Adversarial and Inquisitorial Systems Meaning : * No precise or simple meaning 1) Adversarial System * A system which provide a contest between two people with conflicting interest * Cth : - * Criminal Case (Public Prosecutor vs. Accused Person ) * Civil Case ( a plaintif and a defendant ) * refer to the common law system of conducting proceedings in which the parties have the primary responsibility for defining the issue in dispute and for investigating and advancing the dispute * fact finder (judge or jury) will remain neutral and passive throughout the proceeding * generally adopted in common law countries * commonly used in the British Commonwealth and the USA * justice is done when the most effective adversary is able to convince 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 wholly accepted by the Govt * Attorney General may approve 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 except 4 a law firm in order to prevent the lawyer from being controlled by the client * Core concept of litigation in Malaysia * Independence in the adversarial system in England is greater compare to Malaysia * No division between the role of the advocates and the solicitors * Lawyers are the advocates and as well the solicitor * In England : * Solicitor – prepare the summary of facts and choose the appropriate barrister for the client * Barrister – prepare the drafting of the pleading and conducts the presentation of the case in the court *

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