Law Assignment #1 Professional Responsibility & Legal Ethics



Law Assignment #1 Professional Responsibility & Legal Ethics

Introduction

The two most prevalent judicial systems in the world include the civil law system followed in Continental Europe, most of African and Central European, Asian and Latin American countries; and the common law system followed in England and United States. In America, common law is usually practiced that was brought in by the British to North America. However, there are certain states in the United States that take inspiration from the civil law.

The most widely quoted example of a state which maintains a legal system based on traditions of civil laws is the state of Louisiana. This is due to the historical association of Louisiana with the French which remained a French colony till 1803, until it was bought from them. Furthermore, many southwestern states legal system contain traces of legal bondage with civil law system due to their cultural heritage with Spain and Mexico.

Figure showing the judicial systems prevalent in the world. Source: http://www.law.berkeley.ed

Discussion

As discussed earlier, there are two approaches to establishing the truth of a case i.e. inquisitorial and adversarial. Civil law is inquisitorial in style, where the judge would call in the witnesses and listen to the answers they provide to his questions. The judge is primarily responsible for investigating and coming to a decision regarding the case. However, the common law uses the adversary system.

In adversary system, the judge acts as an impartial and neutral decision maker while the two parties in the case, face off each other to establish their case. Both parties present their case to the court and contest to prove each other wrong by presenting evidence and factual information. The decision is based on the quality of the argument and evidence presented by both the parties. Therefore, ...