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What is the role of the adversarial system in criminal and civil trails?
Wiki User
∙ 11y ago
The short answer is yes, although in Criminal cases it is a little bit different. The difference is that in the criminal case the State is represented by the prosecutor who has a duty not specifically to win the case but rather to seek justice. This would mean that the prosecutor has an obligation to represent the interests of the defendant as well and if the prosecutor knows or has reason to believe the defendant is in fact not guilty the prosecutor must consider that issue in pursuing the case. For how criminal and civil matters proceed, see the related links below.
Wiki User
∙ 15y ago
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What is adversarial justice system?
Adversarial is an adjective that means characterizing or involving opposition or conflict. In law it refers to a scenario whereby the parties in a given dispute have the responsibility of finding and presenting evidence.
Why do they call the system Criminal Justice instead of Victim justice?
It's "Criminal" vs. "Civil" justice, that's why. Not criminal/victim :-)
What are the main branches of the legal system in India?
The civil law & the criminal law.
What is civil law give a sentence?
Civil law provides remedies for non-criminal disputes.Civil law provides remedies for non-criminal disputes.Civil law provides remedies for non-criminal disputes.Civil law provides remedies for non-criminal disputes.
Is it the defendant's lawyer's responsibility too ensure that the plaintiff's attorney fulfills their obligation?
The adversarial legal system only works because both sides do their best to advocate their side of the proceeding. The plaintiff in both a civil and a criminal court best serves the public by insuring that all necessary elements of a case are completely and fully proven.
Is malpractice civil or criminal?
Medical malpractice (which is defined as professional negligence in a medical setting) cases are heard in the Civil Court system.
What kind of court system does Australia have?
Australia's legal system is based on the British legal system (as Australia is a commonwealth country). This is a distinctly different system than that originating from the Roman empire; the Civil law system. It should be noted that these SYSTEMS are different from the CATEGORIES of law in Australia; common law and civil law. For this purpose, common law refers to the law of the courts made by judges through precedent. Civil law is the type of law between individuals and citizens, as opposed to criminal law where it is the individual v the state.
Is probation violation criminal or civil?
Criminal
Is a restraining order civil or criminal?
criminal
Where is the Georgia Civil War Heritage Trails in Evans Georgia located?
The address of the Georgia Civil War Heritage Trails is: Po Box 1864, Evans, GA 30809-1864
Can criminal court decide civil issues?
Yes, this is especially true with accounting/business issues, such as at Enron. Once the court has declared wrongdoing in a civil matter, the DA next looks to hold those responsible for this wrongdoing liable in criminal court.
Can there be a civil attachment to a criminal conviction?
No. Civil issues cannot be decided as part of a criminal prosecution. Restitution is a criminal sentence, not a civil award. If the victim would like to seek civil damages, he or she must file a civil suit.
