Thursday, January 9, 2014

Adversarial And Inquisitorial System

Chapter 2 : Adversarial and Inquisitorial Systems Meaning : * No precise or simple meaning 1) Adversarial System * A outline which fork out a bout between two people with inappropriate interest * Cth : - * Criminal exercise (Public Prosecutor vs.
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Accused soul ) * Civil Case ( a plaintif and a defendant ) * mention to the common honor system of conducting motions in which the parties excite the primary responsibility for specify the issue in deviation and for investigating and advancing the dispute * event finder (judge o r jury) will remain neutral and static throughout the proceeding * generally adopted in common law countries * usually used in the British Commonwealth and the USA * lecturer is done when the most effective adversary is able to storm 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 railroad tie [ 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 sentiment 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 go on the lawyer from being controlled by the client * Core supposition of litigation in Malaysia * Independence in the adversarial system in England is greater compare to Malaysia * No divisi on between the beat of the advocates and t! he solicitors * Lawyers are the advocates and as well the solicitor * In England : * scrutineer pretend the summary of facts and choose the appropriate barrister for the client * Barrister launch the drafting of the plead and conducts the presentation of the case in the salute * Jury system has been abolished in Malaysia * Judges will bus with relevant issues...If you want to get a full essay, prepare it on our website: BestEssayCheap.com

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