politics IS and AS

Question 1

What is civil law?

Answer 1

Civil law regulates private disputes when someone believes their rights have been infringed.

Question 2

What is meant by civil codification?

Answer 2

the systematic collection and recording of laws written into codes (easier for citizens)
aspect of civil law

Question 3

The parliamentary process of outing into legislative

Answer 3

poo poo

Question 4

Name the 4 parts of the French inquisitorial system

Answer 4

1. The prosecution (parquet)
2. The defence
3. The investigating judge (judge instructeur) other specialist judges
4. Evidence of ‘proof by any means’

Question 5

What other factors may be included in the Inquistorial system?

Answer 5

• The onus or burden of proof
• The standard of proof
• The rights of the accused

Question 6

Explain the role of Parquet

Answer 6

minor offences can be dealt with entirely by the parquet.
perform a combined judicial and executive function when resolving minor criminal cases.
This leads to a lack of an effective separation of powers and judicial independence.

Question 7

What is the role of the defence in the IS

Answer 7

• request investigation and interviews
• can plead guilty if over 18, the parquet has agreed, doesn’t necessarily end trial, just adds to further evidence

Question 8

Explain the difference between the role of the defence in the IS and in the AS

Answer 8

IS - judges role to gather evidence. the defence is at mercy to the judge

AS - fairness between defence and prosecution
defence uses evidence to convince judge/jury

Question 9

What are the rights of the accused in the IS System?

Answer 9

• right to lawyer assistance
• right to silence
• right to know allegations agains them
• presumption of innocence

Question 10

What is the role of Judge instructeur?

Answer 10

The parquet must initiate a trial by seizing a judge, but once that occurs the judge is in full control of the trial. The judges firm conviction based on the evidence is what decides guilt or innocence. Plays a fundamental role in weighing he value of evidence and directing the investigation and is a part of the judicial branch.

Question 11

What is the Assize Courts?

Answer 11

Assize courts are high level courts with jurisdiction for the most serious crimes. 3 judges, 6 jurors,

Question 12

define evidence in the IS

Answer 12

Evidence in the IS means ‘proof by any means.’ It implies a strong suggestion of proof rather than a rigorously convincing proof

Question 13

define a witness in the IS

Answer 13

Oral testimony from witnesses can also be used as evidence, witnesses tell their story uninterrupted by questions from the parties or the judge instructeur.

Question 14

define the burden of proof in the IS

Answer 14

There is no formal burden of proof iin the inquisitorial system. Instead, the overriding aim is to find the ruth. The judge instructeur bears the burden of finding the truth, not proving guilt.

Question 15

define the standard of proof in the IS

Answer 15

The standard of proof in IS is an intime conviction translated as ‘inner belief and intimae conviction.’ The judge instructeur must be convinced to the level of a firm and strong personal belief. An inner conviction is a profound sense of certainiy.

Question 16

define the trial procedue in the IS

Answer 16

The IS has relaxed procedural rules. These end to be a parquet investigation, providing the dossier of evidence, the judge insturcteur taking charge of the case, sequence of proceedings, then the standard of proof and verdict.

Question 17

What are the strengths and weaknesses of the IS? (200 words).

Answer 17

• forth all evidence; the relaxed rules of evidence and the inability of the parties to hide evidence against their own case means more evidence comes before the court
• it has less biased witnesses; all witnesses are called and questioned by an impartial judge tying to find the truth not by partisans trying to win the contest
• it reduces the cost for the parties; the major part of trial cost is borne by the state not the parties and it’s more likely to convict a guilty offender.
• less impartial judge because of the weak separation of powers
• a lower quality of evidence; ‘proof by any means,’ can result in low quality, potentially unreliable evidence being allowed to influence the judge
• an overreliance on one person’s skill; justice depends almost entirely on the competence and impartiality of the judge
• weaker separation of judicial and executive power
• weaker protection of the rights of the accused.

Question 18

strengths and weaknesses of AS

Answer 18

• high cost to parties
• overreliance on legal expertise which leads to 39% of all parties in the family court are self-represented (with no legal representative) and 22% of parties in the family court have one or both parties without a legal representative at some point of their trial
• potential manipulation of evidence and winning privileged over truth; Lawyers can manipulate and construct questions to acquire the answers they prefer (within limits such as hearsay or leading questions which were evident in the Depp v Heard defamation trial in America),
• Juries may be prejudiced by outside sources For example, the trial of Bruce Lehrman’s alleged rape against Brittany Higgins was aborted due to a juror’s excess research. He brought in an additional article which had not been presented before the jury.
• an impartial jury
• a high quality of evidence
• the parties retaining control of the trial
• procedural fairness
• a strong protection for the rights of the accused.