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LEGAL ENGLISH TUTORIAL: Difference between adversarial and inquisitorial systems

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💥Difference between adversarial and inquisitorial systems

💥Adversarial & Inquisitorial systems

⚡️An adversarial system is that where the court act as a referee between the prosecution and the defence. The whole process is a contest between two parties. As regard crime these two parties are the state & the person accused. In this process court takes a non partisan role.

⚡️An inquisitorial system is a legal system where the court is actively involved in proof of facts by taking investigating of the case. This system resolving disputes and achieving justice for individuals and society.

⚡️Distinction between adversarial and inquisitorial systems

Adversarial System / Inquisitorial System

⚡️The adversarial system aims to get the truth through the open competition between the prosecution and the defence.
The inquisitorial system is generally aims to get the truth of the matter through extensive investigation and examination of all evidence.

⚡️In an adversarial system all parties determine what witnesses they call and the nature of the evidence they give. The court overseeing the process by which evidence is given.
In an inquisitorial system the conduct of the trial is in the hands of the court. The trial judge determines what witnesses to call & order in which they are to be heard.

🔍In adversarial systems previous decisions by higher courts are binding on lower courts.
🔍There is little use of judicial precedent in inquisitorial systems. This means Judges are free to decide each case independently of previous decisions by applying the relevant statutes.

🔍In an adversarial system the rule of lawyers is active.
🔍In an inquisitorial system the rule of lawyers is passive.

⚡️The judges pronounce judgment depending on the hearing, evidence or on the basis of examination & cross-examination.

⚡️The judge plays an active rule for questioning & hearing the parties directly.

🔍In an adversarial system the rule of the judges are merely passive in nature.
🔍In an inquisitorial system the rule of the judges is very active.

🔍The case management does not depends upon the judges so the judges contribution is very low for the disposal of any case.
🔍The case management depends upon the judges so the judges contribution is very high for the disposal of any case.

🔍In an adversarial system all references are presented by the respective lawyers of both the parties.
🔍In an inquisitorial system references also presented by the judge & they play’s an active rule.

🔍In an adversarial system the hearing, evidence or examination & cross-examination done by the lawyer get priority.
🔍In an inquisitorial system documents and information about the real facts get priority.

🔍Case management is not effective under this system because the judges can not exchange views with the parties for taking any decision. So no initiative can be taken for speedy disposal of any case.
🔍Case management is effective under this system & the judges sits with the parties and can exchange views for taking any decision for speedy disposal of any case.

🔍In an adversarial system judges has discretionary power but that is not wide by the evidence.
🔍In an inquisitorial system judges have wide discretionary power.

🔍Repeated time petition (common practice) is permitted at the time of continuance of the case & the lawyer’s take the opportunity of making time petition. So delay occurs in disposal of any cases.
🔍The main object of this system is to reduce the time for disposing a case and to ensure speedy justice. Judge plays an active role in deciding time petition & may honored or reject time petition.
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TOPICS FOR OUR LEGAL ENGLISH COURSES: What is misfeasance?

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💥TOPICS FOR OUR LEGAL ENGLISH COURSES

💥What is misfeasance?
Limited company directors enjoy various protections which ensure they are not personally liable for their company’s debts.

For this to work fairly, directors are legally required to adhere to legal and fiduciary duties.

Put simply, directors must act in the best interests of the company (adhering to and understanding Sections 170 – 177 of the Companies Act 2006).

💥Failing to do so could result in a misfeasance claim.

Typical misfeasance claims involve the misuse (e.g. misapplication or retention) of company money or property by a director or ex-director, violating their fiduciary duty.

💥Misfeasance and insolvency
Misfeasance is closely linked to insolvency.

When a company becomes insolvent, a liquidator is appointed. While we know that company insolvency can occur without individual fault or malpractice, the liquidator will closely scrutinise the actions of the directors in the lead up to the company’s failure.

If it is revealed that a director has failed in their fiduciary duties and committed misfeasance, the liquidator will sue the director to recover company debts.

Note: since 2015 the Small Business, Enterprise and Employment Act has given creditors and administrators the right to make misfeasance claims alongside insolvency practitioners.

💥Examples of misfeasance
Although often bundled together (and can take place concurrently), misfeasance generally concerns the misapplication of funds or company property as opposed to the more tax-focused and book-keeping elements of wrongful trading.

Four common examples are:

⚡️Hiding assets – a director might attempt to hide assets from the liquidator to reduce creditor returns and personally gain from selling the assets themselves

⚡️Taking an excessive salary – if a director takes a salary that is evidently unsustainable when a business is in financial difficulty, they may be seen to have contributed to the company’s failings

⚡️Transactions at undervalue – should a director sell company assets for less than their market value, particularly to a friend or family member, it may be deemed that they are attempting to avoid the inclusion of said assets in the liquidation process and lead to a claim of misfeasance

⚡️Preferential payments – misfeasance may also have occurred if a director repays a particular creditor ahead of other creditors (generally as a result of having made a personal guarantee).

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✨Hi, I am Iulia,
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What is the difference between Tax and Duty?

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✨A question emerged at one of our legal English courses:

What is the difference between Tax and Duty?

➡️Tax is a mandatory obligation payable to the government levied on income, wealth, services, sales etc.

➡️Duty is a fee charged by the government on manufacture and import / export of goods levied on goods and financial transactions.

Duty Tax on Imports and Exports: Meaning and Examples

➡️A duty is a tax levied on certain goods, services, or other transactions. Governments commonly impose customs duties and other taxes on imports and exports. Duties, which are a form of revenue, are enforceable by law and may be imposed on commodities or financial transactions instead of individuals. The term duty also refers to the responsibilities held by an individual, especially someone in a position of power.

➡️A duty is a form of taxation levied on certain goods, services, or other transactions that are imported and exported

➡️Duty rates are a percentage determined by the total value of the goods paid for in another country.

➡️Duties provide a form of commerce protection for jobs, the economy, the environment, and other interests by controlling the influx and outflow of merchandise.

➡️A duty may also be someone’s moral or fiduciary responsibility.

➡️Governments impose taxes on individuals and companies that make or receive shipments internationally. These levies must be paid before delivery can be made. These levies are called customs or import duties. These are tariffs or taxes imposed on goods transported across international borders.

➡️Customs duty rates are a percentage determined by the total value of the goods paid for in another country. The quality, size, or weight of the product are not determining factors.1 The Harmonized Tariff System of the United States is used domestically as a reference for applicable tariffs on merchandise imported to the country.2

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Check out our video for more: https://www.youtube.com/watch?v=KcjB5vBH4ec&t=3s

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Hi, I am Iulia,
#Englishcoach, #copywriter #editor #proofreader #chieffairytalerofficer #jobhelper #journalist

Your friendly teacher of all things under the sun: legalese, business, finance, marketing, copywriting, and creative writing.
We can work together to craft your personalized content, polish your English-speaking skills, and secure your place in the sun.
Without excellent English, there’s no path forward!

PS: If you want to work with me, book a preliminary free session, or ask me a question, please include a note in your connection request.