Law Critical thinking

Question 6
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Question 6
The adversarial system includes representatives from two different parties each holding opposing positions such that they can argue out a case. The responsibility of the judge is to ensure that there is equality and justice when being presented with the cases and taking a neutral position until the end of a case before providing the judgment (Perkins, 2015). The inquisitorial system differs from the former as it involves the judge assuming an active position in the case whereby he takes part in gathering evidence, interrogating the witnesses and identifying the truth of a case. Also, in the adversarial system, the decisions from the higher courts are used as precedents that guide the decision-making made by, the lower courts while in the inquisitorial system, a court has the freedom to make a judgment based on the nature of a case (Perkins, 2015).
Before identifying the adversarial system’s merits and demerits, it is important to note that the system abides by the principle through which there exists a space between the associated investigation of an issue and the individual determining the outcome (Perkins, 2015). One of the advantages of the system is that it encourages the involved parties to defend their positions adequately and with minimum interruption. Nonetheless, the disadvantage of the system is that it may allow unfairness especially when one of the parties has the benefit of resources when compared to the other (Perkins, 2015).

The party which is adequately resourced may acquire substantive evidence such that it presents a comprehensive case when compared to the other party. Also, the idea that a client has control over an entire case provides him or her with the freedom to select the evidence to show the court (Perkins, 2015). This makes the inquisitorial system to have an advantage as the judge actively takes part in gathering and organizing evidence.
Reference
Perkins, A. (2015). Differences between an Adversarial and an Inquisitorial Legal System. Ashfords. Retrieved from https://www.ashfords.co.uk/news-and-events/general/differences-between-an-adversarial-and-an-inquisitorial-legal-system.