The Italian and English Legal Systems Essay
Briefly, the adversarial system operates as a contest between two or more gatherings competing in front of a neutral umpire, such as a jury or a judge. Albanese. J (2010) explained that the role of a judge/jury is to ensure whether the above parties comprehend and abide by the rules, to decide which side wins. However, there has been several times where judge took decisions to ensure fair play whilst the jury decided the actual winner. Studies carried out by Smith.Bet al suggested that in 1992, 79% of court trail decisions were taken by a jury in UK with the help of expert witnesses. As opposed to that matter, the judge or the panel of judges of an inquisitorial system governs the hearing and investigates through the case by asking questions; therefore judges are non passive information recipients. It is also known that in the adversarial system, lawyers play a major role in representing each sides case (Malleson in 2007). They often query the expert witnesses’ statement mostly during a cross examination.
Conversely, one of the most key elements of the adversarial systems is the fact that the evidence is adduced at the instance of the parties, for instance, through the consideration of the witness and invention of documents as exhibits at a trail (Care. J in 2004).
Care. J in 2004 also explains that in the