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The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly. It is in contrast to the inquisitorial system used in some civil law systems where a judge investigates the case.
Criminal procedure is the adjudication process of the criminal law. While criminal procedure differs dramatically by jurisdiction, the process generally begins with a formal criminal charge with the person on trial either being free on bail or incarcerated, and results in the conviction or acquittal of the defendant. Criminal procedure can be either in form of inquisitorial or adversarial criminal procedure.
A coroner is a government or judicial official who is empowered to conduct or order an inquest into the manner or cause of death, and to investigate or confirm the identity of an unknown person who has been found dead within the coroner's jurisdiction.
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case. This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense. Inquisitorial systems are used primarily in countries with civil legal systems, such as France and Italy, or legal systems based on Islamic law like Saudi Arabia, rather than in common law systems. It is the prevalent legal system in Continental Europe, Latin America, African countries not formerly under British rule, East Asia, Indochina, Thailand, and Indonesia. Most countries with an inquisitorial system also have some form of civil code as their main source of law.
The Waitangi Tribunal is a New Zealand permanent commission of inquiry established under the Treaty of Waitangi Act 1975. It is charged with investigating and making recommendations on claims brought by Māori relating to actions or omissions of the Crown, in the period largely since 1840, that breach the promises made in the Treaty of Waitangi. The Tribunal is not a court of law; therefore, the Tribunal's recommendations and findings are not binding on the Crown. They are sometimes not acted on, for instance in the foreshore and seabed dispute.
A fatal accident inquiry is a Scottish judicial process which investigates and determines the circumstances of some deaths occurring in Scotland. Until 2009, they did not apply to any deaths occurring in other jurisdictions, when the Coroners and Justice Act 2009 extended the Fatal Accidents and Sudden Deaths Inquiry (Scotland) Act 1976 to service personnel at the discretion of the Chief Coroner or the Secretary of State. The equivalent process in England and Wales is an inquest. A major review of the fatal accident inquiries was undertaken by Lord Cullen of Whitekirk, at the request of the Scottish Government, which resulted in the passing of the Inquiries into Fatal Accidents and Sudden Deaths etc. (Scotland) Act 2016.
Bulgarian law is a largely civil law system, based on epitomes in French law and German law. It retains increasingly fewer elements of Soviet law. This makes the state's approach to criminal law inquisitorial rather than adversarial, and is generally characterised by an insistence on formality and rationality.
A system for trial by jury was first introduced in 1923 under Prime Minister Katō Tomosaburō's administration. Although the system generated relatively high acquittal rates, it was rarely used, in part because it required defendants to give up their rights to appeal the factual determinations made. The system lapsed by the end of World War II. In 2009, as a part of a larger judicial reform project, laws came into force to introduce citizen participation in certain criminal trials by introducing lay judges. Lay judges comprise the majority of the judicial panel. They do not form a jury separate from the judges, like in a common law system, but participate in the trial as inquisitorial judges next to professional judges in accordance with the civil law legal tradition - similar to the French cour d'assises - who actively analyze and investigate evidence presented by the defense and prosecution.
The Coroner's Court of New South Wales is the court in the Australian state of New South Wales where legal proceedings, in the form of an inquest or inquiry, are held and presided over by the State Coroner of New South Wales, a Deputy State Coroner of New South Wales, or another coroner of the state of New South Wales.
The Coroner's Court of Western Australia is a court which has exclusive jurisdiction over the remains of a person and the power to make findings in respect of the cause of death of a person in Western Australia.
The name of "Coroners Court" is the generic name given to proceedings in which a Coroner holds an inquest in Victoria.
The Coroners Court of Tasmania is the generic name given to the Coronial Division of the Magistrates Court of Tasmania. It is a court which has exclusive jurisdiction over the remains of a person and the power to make findings in respect of the cause of death of a person, a fire or an explosion in Tasmania.
The Coroner's Court of South Australia is a court which has exclusive jurisdiction over the remains of a person and the power to make findings in respect of the cause of death of a person or fire in South Australia, a state of Australia.
The fathers' rights movement in Australia focus on issues of erosion of the family unit, child custody, shared parenting, child access, child support, domestic violence against men, false allegations of domestic violence, child abuse, the reintroduction of fault into divorce proceedings, gender bias, the adversarial family court system and secrecy issues.
The legal system of Venezuela belongs to the Continental Law tradition. Venezuela was the first country in the world to abolish the death penalty for all crimes, doing so in 1863.
The Nova Scotia Human Rights Commission was established in Nova Scotia, Canada in 1967 to administer the Nova Scotia Human Rights Act. The Nova Scotia Human Rights Commission is the first commission in Canada to engage a restorative dispute resolution process.
Ian Freckelton is an Australian barrister, judge, international academic, and high-profile legal scholar and jurist. He is known for his extensive writing and speaking in more than 30 countries on issues related to health law, expert evidence, criminal law, tort law, therapeutic jurisprudence and research integrity. Freckelton is a member of the Victorian Bar Association, the Tasmanian Bar Association, and the Northern Territory Bar Association in Australia.
The Aboriginal Legal Service (NSW/ACT) (ALS), known also as Aboriginal Legal Service, is a community-run organisation in New South Wales and the Australian Capital Territory, founded in 1970 to provide legal services to Aboriginal Australians and Torres Strait Islanders and based in the inner-Sydney suburb of Redfern. It now has branches across NSW and ACT, with its head office in Castlereagh Street, Sydney and a branch office in Regent Street, Redfern.
The National Coronial Information System (NCIS) is a national database of coronial information on every death reported by a Coroner in Australia from July 2000 (Queensland from July 2001) and New Zealand from July 2007. It assists coroners, their staff, public sector agencies, researchers and other agencies in obtaining coronial data to inform death and injury prevention activities.
In French criminal law, the investigation phase in a criminal proceeding is the procedure during which an investigating judge gathers evidence on the commission of an offense and decides whether to refer the persons charged to the trial court.
References
- ↑ MacLean, Neil (2012). "An Inquisitorial Cuckoo in an Adversarial Nest: Five Years of Coronial Reform in New Zealand". Hearsay. Retrieved 23 September 2013.