LS101 Lecture Notes - Lecture 11: Inquisitorial System, Adversarial System, Justiciability
1 Dec 2016
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Ways in which the court can contribute to dispute settlement. Prerequisites for the use of courts in dispute resolution. Justiciability- has to posses the ability to allow the court to give a legal resolution. Has to be a real situation and not hypothetical. Government can bring hypothetical situations though usually in the. Does the case make sense and is it worth it to bring to court. (ex. Standing: case must be directly related to you. We have an adversarial justice system- two parties going against each other. Law should be an equalizer and reduce inequalities but this is not always the case. Both parties present their side and act on their own interests. Role of judge and jury (as opposed to inquisitorial system) Burden and standard of proof (in a criminal law case the crown always has the burden of proof. In a civil law case the accuser has the burden of proof)
