Introduction to Law and the Legal System

Introduction to Law and the Legal System, by Shubert – read Chapters V, VI and VII

Assignment:
Anglo-American jurisprudence presents an adversarial system with a neutral court and a division of labor that imposes

certain duties upon each of the participants in both the civil and criminal trials. In both forums, the jury is the

finder of fact unless the case is tried without a jury, and the court decides all questions of law. The attorneys are

assumed to be competent and equal advocates working entirely on behalf of their clients in the pursuit of justice. The

criminal case involves a prosecutor representing the People, and she is independent of the court that sits neutral as the

evidence is presented for consideration by the trier of fact.
In Europe and many parts of South America, the courts operate under an inquisitorial system derived largely from Roman

law and modified by the Napoleonic Code in the early 19th century. Those systems work with the court and prosecutor

united in interest and working from the same file in presenting the case before a jury. The court plays an active part

in presenting evidence and witnesses that includes examination of documents and cross examination of the witnesses. Both

the judge and prosecutor act in presenting the evidence in the prosecution of the case. The lawyers serve as advisers to

the clients with only limited involvement in the trial proceedings and only if the court permits. Often, the defense

attorneys submit questions to the court for consideration and use during the proceeding.
In most civil actions in this country, the plaintiff or the party seeking a recovery or making the claim puts in her case