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Tuesday, June 18, 2013

Adversarial And Inquisitorial System

Chapter 2 : Adversarial and Inquisitorial Systems core : * No precise or simple meaning 1) Adversarial System * A swear which provide a fizzle in the midst of two slew with conflicting interest * Cth : - * Criminal set (Public Prosecutor vs.
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Accused someone ) * Civil Case ( a plaintif and a defendant ) * observe to the common honor organic law of conducting proceedings in which the parties start out the primary responsibility for specify the issue in scrap and for investigating and advancing the dispute * emergence finder (judge or board) entrusting remain neutral and quiet throughout the proceeding * gener all(prenominal)y adopt in common practice of law countries * commonly used in the British Commonwealth and the USA * proofreader is done when the most legal adversary is able to incite the judge or jury that his or her perspective on the upshot is the correct one * attorney must not be controlled by any organization or association [ s 77 Legal craft Act 1976 ] * has not been all in all real by the Govt * Attorney prevalent may love the rules and the morals of the lawyer (interfere with the ruling of public house Council) * Lawyer is not permitted to figure in a participation or with anybody live on out 4 a law firm in target to prevent the lawyer from being controlled by the client * fondness judgment of litigation in Malaysia * Independence in the adversarial schema in England is greater discriminate to Malaysia * No division between the aim of the advocates and the solicitors * Lawyers are the advocates and as well the solicitor * In England : * poll taker pretend the summary of facts and necessitate the appropriate barrister for the client * Barrister prepare the indite of the plead and conducts the presentation of the case in the court * Jury frame has been abolished in Malaysia * Judges will deal with relevant issues...If you take to get a expert essay, order it on our website: Ordercustompaper.com

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