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Lecture 2

Lecture 2 - Canadian Legal System (partial)

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PSYC 268
Deborah Connolly

Psyc 268 Lecture 2Canadian Legal System1Legal SystemsINQUISITORIAL SYSTEMEuropean countriesCodifiedwritten down in a codeJudges play an active role in terms of directing proceedings as well as calling and questioning witnessesExperts appointed by the court A lawyer assists the court AND represents their clients interestADVERSARIAL SYSTEMCommon lawthe law is written in past decisions of the courtsJudges are passive in terms of presenting evidence and examining witnesses to listen to evidence as reported by lawyers unbiasedThe lawyer defends their client to the full extent permitted by lawExperts appointed by one party in the disputeMore fairNote Systems have elements of each but lean more to one side Canada is described as an adversarial legal system but most of our law is coded written down in legislation as in the inquisitorial systemDivision of Powers1867Canada
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