The judicial system has the responsibility of interpreting the law, upholding it and applying it in all countries all over the world. There are two central legal or judicial system used to understand and enforce the law. European countries such as France commonly employ the inquisitorial legal system. However, other countries like England, the United States of America and Wales, usually use the adversarial legal system. The inquisitorial system is a legal system in which the court is actively involved in proving the truth through active and extensive investigation of cases and pieces of evidence ( Devlin, 1979) . On the other hand, in the adversarial legal system, the court always act as a referee between the prosecution and the accused. By working as a referee, the court aims to unearth the truth through the competition between the prosecutors and the defendants .
Between the two legal systems, the inquisitorial legal system serves to protect the accused better. As such the court usually conduct an extensive investigation and also examine the pieces of evidence available ( Froeb and Kobayashi, 2001) . This characteristic ensures that the judges make informed and independent decisions without influence from previous cases. Furthermore, the active investigations ascertain that factual information and documents are vital in making decisions ( Froeb and Kobayashi, 2001).
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In the adversarial system, the rule of judges is usually passive since they do take a non-partisan role in all the cases. The adversarial system can be significantly improved if judges can be actively involved especially through the exchange of views with the defendant and the prosecutors. In such circumstances, references presented by the judges can significantly reduce the time taken to dispose of cases which is a significant challenge faced by adversarial system.
In the inquisitorial legal system, the judges play an active role in directly questioning and hearing the parties this is an essential part of weeding out facts from non-consistent defendants in both criminal and civil cases. Besides, the adversarial system allows the defendants and prosecution lawyers to argue their cases competitively ( Strier, 1992). In this regard, both legal systems when applied correctly are useful in both civil and criminal cases.
References
Devlin P. (1979). The judge (Vol. 17). Oxford: Oxford University Press.
Froeb, L. M., & Kobayashi, B. H. (2001). Evidence production in adversarial vs. inquisitorial regimes. Economics Letters , 70 (2), 267-272.
Strier, F. (1992). What can the American adversary system learn from an inquisitional system of justice. Judicature , 76 , 109.
