The Common Law System Versus the Civil Law System

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Essay for Assignment 1-Ethics There are two main law systems in the world: The Common Law System and Civil Law System. The main difference between these two Legal Systems is their trial methods, the adversary system is used in Common Law System and Civil Law System takes the inquisitorial system. In simple words, the adversary system is a dispute; on the other hand, the inquisitorial system is an inquiry. The adversarial system is a contest between two opposing sides. In the adversarial system, the accused is presumed innocent until proven guilty. The adversaries are the Prosecutor and the Defense. Each presents their best arguments and facts as about their theories of the case, and they show weaknesses in the other side’s case. The Judge is supposed to remain neutral, weigh the arguments and produce a judgment. Another word for this is "blind justice" which means not blind to the facts but blind to the wealth, color, religion etc. of the accused. In most circumstances, the Judge or Jury is bound to find the accused innocent unless he is convinced "Beyond a Reasonable Doubt" of the guilt of the accused In most inquisitorial systems, a criminal defendant does not have to answer questions about the crime itself but may be required to answer all other questions at trial. Many of these other questions concern the defendant's history and would be considered irrelevant and inadmissible in an adversarial system. A criminal defendant in an inquisitorial system is the first to testify. The defendant is allowed to see the government's case before testifying, and is usually eager to give her or his side of the story. In an adversarial system, the defendant is not required to testify and is not entitled to a complete examination of the government's case. One advantage of the adversary system of trial is the fact that there is recognition of the position of the

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