CJL3038 EXAM QUESTIONS AND
ANSWERS. VERIFIED 2025/2026.
The adversarial system - ANS the feature of the U.S. legal system that is most fundamental to
its definition, operation, and character is its central tenet: that conflict resolution is best
achieved through an adversary process
-relies on the skill of the different advocates representing the parties' positions and not on a
neutral party
3 assumptions of adversarial system - ANS 1. those who the dispute affects should be
responsible for making their arguments
2. the biases of self-interest..
-are necessary motivators in the discovering the truth
-are offset by placing the dialogue in the courtroom (a neutral place with neutral supervision)
3. the conflict can take place within our system of law
adversarial system countries - ANS US, Canada, UK
Inquisitorial approach countries - ANS france, germany, spain, etc.
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,adversarial system - ANS each side presents its best evidence and an independent fact-finder
decides the outcome
inquisitorial approach - ANS the judge asks the question of the witnesses (who testify for the
court) and makes a decision
adversarial historical polarities: VALUES - ANS -fundamental fairness is paramount- even if
"unjust" results occur occasionally
-belief that competitive advocacy is the best way to the truth
-individual rights may trump the truth
inquisitorial system historical polarities: VALUES - ANS -search for the truth is paramount-
even if 'unfair' means are used occasionally
-belief that judicial control of a criminal case is the best way to the truth
-the truth may override individual rights
adversarial historical polarities: ROLE OF ATTORNEYS - ANS active, responsible for producing
evidence and questioning witnesses
-prosecutors and defense attorneys are more partisan, competitors
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, inquisitorial historical polarities: ROLE OF ATTORNEYS - ANS less active, less responsible for
developing evidence
-prosecutors and defense attorneys less partisan, mainly aid in the search for truth
adversarial historical polarities: ROLE OF JUDGES - ANS passive
-like umpires or referees; not responsible for 'investigating' truth
inquisitorial historical polarities: - ANS active
-considered the 'examining magistrate'; responsible for developing truth
adversarial historical polarities: ROLE OF PARTIES, WITNESSES - ANS -more party control of
disputes and less intervention
-more oral testimony
-short questions and answers
inquisitorial historical polarities: ROLE OF PARTIES, WITNESSES - ANS -less party control of
disputes; more control by judge
-more written testimony
-long narratives
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
ANSWERS. VERIFIED 2025/2026.
The adversarial system - ANS the feature of the U.S. legal system that is most fundamental to
its definition, operation, and character is its central tenet: that conflict resolution is best
achieved through an adversary process
-relies on the skill of the different advocates representing the parties' positions and not on a
neutral party
3 assumptions of adversarial system - ANS 1. those who the dispute affects should be
responsible for making their arguments
2. the biases of self-interest..
-are necessary motivators in the discovering the truth
-are offset by placing the dialogue in the courtroom (a neutral place with neutral supervision)
3. the conflict can take place within our system of law
adversarial system countries - ANS US, Canada, UK
Inquisitorial approach countries - ANS france, germany, spain, etc.
1 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
,adversarial system - ANS each side presents its best evidence and an independent fact-finder
decides the outcome
inquisitorial approach - ANS the judge asks the question of the witnesses (who testify for the
court) and makes a decision
adversarial historical polarities: VALUES - ANS -fundamental fairness is paramount- even if
"unjust" results occur occasionally
-belief that competitive advocacy is the best way to the truth
-individual rights may trump the truth
inquisitorial system historical polarities: VALUES - ANS -search for the truth is paramount-
even if 'unfair' means are used occasionally
-belief that judicial control of a criminal case is the best way to the truth
-the truth may override individual rights
adversarial historical polarities: ROLE OF ATTORNEYS - ANS active, responsible for producing
evidence and questioning witnesses
-prosecutors and defense attorneys are more partisan, competitors
2 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
, inquisitorial historical polarities: ROLE OF ATTORNEYS - ANS less active, less responsible for
developing evidence
-prosecutors and defense attorneys less partisan, mainly aid in the search for truth
adversarial historical polarities: ROLE OF JUDGES - ANS passive
-like umpires or referees; not responsible for 'investigating' truth
inquisitorial historical polarities: - ANS active
-considered the 'examining magistrate'; responsible for developing truth
adversarial historical polarities: ROLE OF PARTIES, WITNESSES - ANS -more party control of
disputes and less intervention
-more oral testimony
-short questions and answers
inquisitorial historical polarities: ROLE OF PARTIES, WITNESSES - ANS -less party control of
disputes; more control by judge
-more written testimony
-long narratives
3 @COPYRIGHT 2025/2026 ALLRIGHTS RESERVED.
