Explain The Key Features Of The Adversarial System

There are many key features involved in the adversary system that have been developed over time to make it what it is today, one main feature is the role of the parties and that each party controls their own case and has complete control over decisions about how the case will be run. The parties first decide who is at fault, in the civil the defendant decides wether to defend what the plaintiff has proposed and in the criminal the defendant has no choice and decides whether to plead guilty or not guilty. In the adversarial system the two parties will also choose the methods they will use to investigate the facts and also how the information will be presented in court. The parties then decide which evidence is best suited for the case (in the
In the inquisitorial system the role of the parties is greatly reduced and instead have to respond to directions of the court, the role of the judge in the inquisitorial system is to investigate cases, define issues to be resolved and gather evidence (with police assistance). The objective of the judge is to fine the truth of the matter and is also not restricted to issues at question in trial and may investigate further into the case and bring forth information that appears to the parties as irrelevant. Another key feature of the inquisitorial system is the burden and standard of proof as the judge is responsible for inquiring and finding evidence to make the truth apparent. Evidence in the inquisitorial system is provided in extensive written form and with information from witnesses, witnesses rather than being asked specific questions can tell their full stories in a logical manner to best present the truth. This lessens the role of legal representation as lawyer’s capabilities are minimised to assisting the judge to find the