The Italian and English Legal Systems Essay

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Judicial systems have been used predominantly throughout the world to address disputes in various contexts, where accused criminals, to law enforcement officers and expert witnesses take part on a daily basis to resolve deputes in judicial manner (Silverman et al 2010). However, characteristics of the judicial systems differ from country/region to another, depending on the basis of the system which may cause an impact on the expert witness. As an explanation for the above statement, it could be said that legal systems fall into two systems, the adversarial system and the inquisitorial system. Conversely, a hybrid between those two systems has formed yet another system which is identified as the mixed system. These derive from historical …show more content…
On the contrary, countries which affiliate with civil law are framed on an inquisitorial system.
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

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