01:790:106 Lecture Notes - Lecture 3: Inquisitorial System, Adversarial System
19 Feb 2018
School
Department
Course
Professor
Document Summary
Oldest and most widely used type of legal system. Law is limited to the content of codes passed by legislature. Judges only apply the codes; cannot interpret them. A legal system where the court or a part of the court is actively involved in investigating the facts of the case. Not an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense. Code of hammurabi in babylon 1754 bce. Ancient rome with code of justinian in 533 ce. Napoleonic code of 1804 and german code of 1896. Followed in the united states, england, and other english-speaking nations. Originated in england in 1066 after invasion by william the conqueror. Judges expected to follow precedents, or decisions made in previous cases with similar facts. Party prosecution: plaintiff (party suing) and defendant (party being sued) define the legal issues and present their case by calling witnesses and asking questions.
