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Encyclopedia > Inquisitorial system
Criminal procedure
Investigating and charging crimes
Criminal investigation
Arrest warrant  · Search warrant
Probable cause  · Knock-and-announce
Exigent circumstance
Search and seizure  · Arrest
Right to silence  · Miranda warning (U.S.)
Grand jury
Criminal prosecution
Statute of limitations  · Nolle prosequi
Bill of attainder  · Ex post facto law
Criminal jurisdiction  · Extradition
Habeas corpus  · Bail
Inquisitorial system  · Adversarial system
Charges and pleas
Arraignment  · Indictment
Plea  · Peremptory plea
Nolo contendere (U.S.)  · Plea bargain
Presentence Investigation
Related areas of law
Criminal defenses
Criminal law  · Evidence
Civil procedure
Portals: Law  · Criminal justice

An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties. Inquisitorial systems are used in most countries in Europe and Latin America. Image File history File links Scale_of_justice. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... An arrest warrant is a warrant issued by a public officer which authorizes the arrest and detention of an individual. ... A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense, and seize the evidence. ... In United States criminal law, probable cause refers to the standard by which a police officer may make an arrest, conduct a personal or property search or obtain a warrant. ... A knock and announce warrant, in the American law of criminal procedure, requires that the officer tasked with the responsibility of executing the warrant must knock on the door of the home to be entered for a search or arrest, and to announce their purpose. ... An exigent circumstance, in the American law of criminal procedure, allows law enforcement to enter a structure without a warrant, or if a they have a knock and announce warrant, without knocking and waiting for refusal under certain circumstances. ... Search and seizure is a legal procedure used in many common law whereby police or other authorities and their agents, who suspect that a crime has been committed, do a search of a persons property and confiscate any relevant evidence to the crime. ... This article does not cite any references or sources. ... The right to silence is a legal protection enjoyed by people undergoing police interrogation or trial in certain countries. ... The Miranda warning is a police warning that is given to criminal suspects in police custody or in a custodial situation in the United States before they are asked questions relating to the commission of a crime. ... Motto: (Out Of Many, One) (traditional) In God We Trust (1956 to date) Anthem: The Star-Spangled Banner Capital Washington D.C. Largest city New York City None at federal level (English de facto) Government Federal constitutional republic  - President George Walker Bush (R)  - Vice President Dick Cheney (R) Independence from... A grand jury is a type of jury, in the common law legal system, which determines if there is enough evidence for a trial. ... Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. ... This article or section does not adequately cite its references or sources. ... A bill of attainder (also known as an act or writ of attainder) is an act of legislature declaring a person or group of persons guilty of some crime, and punishing them, without benefit of a trial. ... An ex post facto law (from the Latin for from something done afterward) or retroactive law, is a law that retroactively changes the legal consequences of acts committed or the legal status of facts and relationships that existed prior to the enactment of the law. ... Criminal jurisdiction is a term used in the law of criminal procedure to describe the power of a court to hear a case brought by the state accusing a criminal defendant of a violation of the law of the geographic area in which the court is located. ... Extradition is the official process by which one nation or state requests and obtains from another nation or state the surrender of a suspected or convicted criminal. ... In common law countries, habeas corpus () (Latin: [We command that] you have the body) is the name of a legal action, or writ, through which a person can seek relief from unlawful detention of themselves or another person. ... The word bail as a legal term means: Security, usually a sum of money, exchanged for the release of an arrested person as a guarantee of that persons appearance for trial. ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ... Arraignment is a common law term for the formal reading of a criminal complaint, in the presence of the defendant, to inform him of the charges against him. ... In the common law legal system, an indictment (IPA: ) is a formal charge of having committed a most serious criminal offense. ... In legal terminology, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. ... In the common law legal system, the peremptory pleas (pleas in bar), are pleas that set out special reasons for which a trial cannot go ahead. ... Nolo contendere, in criminal trials, in some common law jurisdictions, is a plea where the defendant neither admits nor disputes a charge, serving as an alternative to a pleading of guilty or not guilty. ... A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ... A presentence investigation report (PSI) is a legal term referring to the investigation into the history of person convicted of a crime before sentencing to determine if there are extenuating circumstances which should ameliorate the sentence or a history of criminal behavior to increase the harshness of the sentence. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... The law of evidence governs the use of testimony (e. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ... For other uses, see Europe (disambiguation). ... Latin America consists of the countries of South America and some of North America (including Central America and some the islands of the Caribbean) whose inhabitants mostly speak Romance languages, although Native American languages are also spoken. ...


The inquisitorial system applies to questions of criminal procedure as opposed to questions of substantive law; that is, it determines how criminal enquiries and trials are conducted, not the kind of crimes for which one can be prosecuted, nor the sentences that they carry. It is most readily used in many, but not all civil legal systems. However, some jurists do not recognize this dichotomy and see procedure and substantive legal relationships as being interconnected and part of a theory of justice as applied differently in various legal cultures. Criminal procedure refers to the legal process for adjudicating claims that someone has violated the criminal law. ... Substantive law is the statutory or written law that governs rights and obligations of those who are subject to it. ... Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. ... A jurist is a professional who studies, develops, applies or otherwise deals with the law. ... A dichotomy is a division into two non-overlapping or mutually exclusive and jointly exhaustive parts. ...


In some jurisdictions the trial judge may participate in the fact finding inquiry by questioning witnesses even in adversarial proceedings. The rules of admissibility of evidence may also allow the judge to act more like an enquirer than an arbiter of justice.


Although international tribunals intended to try crimes against humanity, such as the Nuremberg Trials and the International Criminal Court, have generally used a version of the adversarial system, they have also incorporated some key features of the inquisitorial system, such as the use of professional judges, and in the case of the International Criminal Court, the use of a screening pre-trial chamber. See the Rome Statute of the International Criminal Court for examples. This article is in need of attention. ... For the 1947 Soviet film about the trials, see Nuremberg Trials (film). ... Official logo of the ICC. The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, crime of aggression, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ... The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their partys positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case. ... Official logo of the ICC. The International Criminal Court (ICC) was established in 2002 as a permanent tribunal to prosecute individuals for genocide, crimes against humanity, crime of aggression, and war crimes, as defined by several international agreements, most prominently the Rome Statute of the International Criminal Court. ...

Contents

Modern usage in France and other civil-law countries

Criminal justice

The main feature of the inquisitorial system in France (and other countries functioning along the same lines) in criminal justice is the function of the juge d'instruction, often translated as investigating magistrate or judge. United States criminal justice system flowchart. ...


The juge d'instruction is a judge who conducts the investigations in the case of severe crimes or complex enquiries. He or she is independent from the political power as well as the prosecution. Unlike the prosecution, which is supervised by the Minister of Justice, the juge d'instruction is independent of the executive branch. This article does not cite any references or sources. ... The French Minister of Justice (Ministre de la Justice) is an important cabinet official in the Government of France. ...


One should point out that, despite the high media and fiction coverage of juges d'instructions, they are actually used in a small minority of cases. In 2005, there were 1.1 millon criminal rulings in France, while only 33000 new cases investigated by judges.[1] The vast majority of the cases are thus investigated directly by law enforcement agencies (police, gendarmerie), under the supervision of the state prosecutors (procureurs). Gendarmes Gendarmes guarding the Paris Hall of Justice Gendarmerie motorcyclists police the roads and autoroutes of rural France. ...


The judge hears witnesses and suspects and orders searches for other investigations. The goal of the juge d'instruction is not the prosecution of a certain person, but the finding of truth, and as such his duty is to look both for incriminating and exculpating evidence (à charge et à décharge). Both the prosecution and the defense may request actions from the judge and may appeal the judge's decisions before the court of appeal. The scope of the enquiry is limited by the mandate given by the prosecutor's office: the juge d'instruction cannot start to investigate crimes on his own accord. A search warrant is a written warrant issued by judge or magistrate which authorizes the police to conduct a search of a person or location for evidence of a criminal offense, and seize the evidence. ... The law of evidence governs the use of testimony (e. ... Criminal law (also known as penal law) is the body of law that regulates governmental sanctions (such as imprisonment and/or fines) as retaliation for crimes against the social order. ... In most litigation under the common law adversarial system the defendant, perhaps with the assistance of counsel, may allege or present defenses (or defences) in order to avoid liability, civil or criminal. ... Court of Appeals is the title of certain appellate courts in various jurisdictions. ...


While in the past, the juge d'instruction could order remand (that is, imprisonment pending trial) for defendants in cases that he supervised — this power being subject to appeal — this is no longer the case. Other judges have to approve any remand decision. A prisoner who is denied, refused or unable to meet the conditions of bail, or who is unable to post bail, may be held in a prison on remand until their criminal trial. ...


If the juge d'instruction decides there is a valid case against a certain suspect, he defers the suspect to a tribunal or court, where the proceedings oppose the prosecution and the defense. The juge d'instruction does not sit in the court that tries the case and is in fact prohibited from sitting on future cases involving the same defendant. The case is tried before the court in a manner similar to that of adversarial courts: the prosecution (and, possibly, the plaintiff "civil parties") generally ask for the conviction of the criminals, the defense counsels fight their claims, and the judge or jury draw their conclusions from the evidence shown. This article does not cite any references or sources. ... This article does not cite any references or sources. ...


Juges d'instructions are used only for the most severe crimes (murder, rape, etc.), and for moderately serious crimes (embezzlement, misuse of public funds, corruption, etc.) when the case has a certain complexity.


Due to the judicial enquiry and the possibility for defendants to have judicial proceedings cancelled on procedural grounds during the initial phase, cases where the evidence is weak tend not to reach the trial stage. Conversely, France, until recently, did not have a notion of guilty plea and plea bargaining, and now has it only for proposed sentences less than one year in jail. Most cases are thus tried in court, including cases where the prosecution is almost sure to win a conviction, whereas, in countries such as the United States, these would be settled by plea bargain. In legal terminology, a plea is simply an answer to a claim made by someone in a civil or criminal case under common law using the adversary system. ... A plea bargain (also plea agreement, plea deal or copping a plea) is an agreement in a criminal case in which a prosecutor and a defendant arrange to settle the case against the defendant. ...


Administrative justice

In administrative courts such as the Conseil d'État, at litigation, the proceedings are markedly more inquisitorial. Most of the procedure is conducted in writing; the plaintiff writes to the court, which asks explanations from the concerned administration or public service, which answers; the court may then ask further detail from the plaintiff, etc. When the case is sufficiently complete, the lawsuit opens in court; however, the parties are not even required to attend the court appearance. This method reflects the fact that administrative lawsuits are for the most part about matters of formal procedure and technicalities. Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... In France, the Conseil dÉtat (English: Council of State and sometimes Counsel of State) is an organ of the French national government. ...


History

Until the Medieval inquisition in the 12th century, the legal systems used in medieval Europe generally relied on the adversarial system to determine whether someone should be tried and whether that person is guilty or innocent. Under this system, unless a person was caught in the act of committing a crime, they could not be tried for a crime until they had been formally accused, either by the voluntary accusations of a sufficient number of witnesses or by an inquest (an early form of grand jury) convened specifically for that purpose. A weakness of this system was that because it relied on the voluntary accusations of witnesses, and because the penalties for making a false accusation were severe, would-be witnesses could be hesitant to actually make their accusations to the court, for fear of implicating themselves. Because of the difficulties in deciding cases, procedures such as ordeal or combat were accepted, though it is generally agreed nowadays that these procedures are not acceptable ways of finding truth or settling a dispute. Pedro Berruguete. ... (11th century - 12th century - 13th century - other centuries) As a means of recording the passage of time, the 12th century was that century which lasted from 1101 to 1200. ... For other uses, see Europe (disambiguation). ... An inquest is a formal process of state investigation. ... A grand jury is a type of jury, in the common law legal system, which determines if there is enough evidence for a trial. ... Trial by ordeal is a judicial practice by which the guilt or innocence of the accused is determined by subjecting them to a painful task. ... A judicial duel portrayed in a facsimile from the Cérémonies des Gages des Batailles, a manuscript of the fifteenth century in the National Library of Paris. ...


Beginning in 1198, Pope Innocent III issued a series of decretals that reformed the ecclesiastical court system. Under the new processus per inquisitionem (inquisitional procedure) an ecclestiastical magistrate no longer required a formal accusation to summon and try a defendant. Instead, an ecclesiastical court could summon and interrogate witnesses of its own initiative, and if the (possibly secret) testimony of those witnesses accused a person of a crime, that person could then be summoned and tried. In 1215, the Fourth Council of the Lateran affirmed the use of the inquisitional system. The council also forbade clergy from conducting trials by ordeal or combat. As a result, in parts of continental Europe, the ecclesiastical courts operating under the inquisitional procedure became the dominant method by which disputes were adjudicated. In France, the parlements — lay courts — employed inquisitorial proceedings. Events End of the reign of Emperor Go-Toba of Japan Emperor Tsuchimikado ascends to the throne of Japan January 8 - Pope Innocent III ascends Papal Throne Frederick II, infant son of German King Henry VI, crowned King of Sicily Births August 24 - Alexander II of Scotland (d. ... Pope Innocent III (c. ... An ecclesiastical court (also called Court Christian) is any of certain courts having jurisdiction mainly in spiritual or religious matters. ... A certified copy of the Magna Carta March 4 - King John of England makes an oath to the Pope as a crusader to gain the support of Innocent III. June 15 - King John of England was forced to put his seal on the Magna Carta, outlining the rights of landowning... The Fourth Council of the Lateran was summoned by Pope Innocent III with his Bull of April 19, 1213. ... This article is for the Ancien Régime institution. ...


In England, however, King Henry II had established separate secular courts during the 1160s. While the ecclesiastical courts of England, like those on the continent, adopted the inquisitional system, the secular common law courts continued to operate under the adversarial system. The adversarial principle that a person could not be tried until formally accused continued to apply for most criminal cases. In 1215 this principle became enshrined as article 38 of the Magna Carta: "No bailiff for the future shall, upon his own unsupported complaint, put anyone to his law, without credible witnesses brought for this purposes." For other uses, see England (disambiguation). ... Henry II of England 5 March 1133 – 6 July 1189) ruled as King of England (1154–1189), Count of Anjou, Duke of Normandy, Duke of Aquitaine, Duke of Gascony, Count of Nantes, Lord of Ireland and, at various times, controlled parts of Wales, Scotland and western France. ... Events Eric IX of Sweden is succeeded by Karl Sverkersson. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... A certified copy of the Magna Carta March 4 - King John of England makes an oath to the Pope as a crusader to gain the support of Innocent III. June 15 - King John of England was forced to put his seal on the Magna Carta, outlining the rights of landowning... Magna Carta Magna Carta (Latin for Great Charter, literally Great Paper), also called Magna Carta Libertatum (Great Charter of Freedoms), is an English charter originally issued in 1215. ...


In the development of modern legal institutions which occurred in the 19th century, for the most part, most jurisdictions did not only codify their private law and criminal law, but the rules of civil procedure were reviewed and codified as well. It was through this movement that the role of an inquisitorial system became enshrined in most European civilian legal systems. However, there exist significant differences of operating methods and procedures between 18th century ancien régime courts and 19th century courts; in particular, limits on the powers of investigators were typically added, as well as increased rights of the defense. To meet Wikipedias quality standards, this article or section may require cleanup. ... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... Civil procedure is the body of law that sets out the process that courts will follow when hearing cases of a civil nature (a civil action, as opposed to a criminal action). ... In law, codification is the process of collecting and restating the law of a jurisdiction in certain areas, usually by subject, forming the legal code. ... Ancien Régime, a French term meaning Former Regime, but rendered in English as Old Rule, Old Order, or simply Old Regime, refers primarily to the aristocratic social and political system established in France under the Valois and Bourbon dynasties. ...


It would be too much of a generalization to state that the civil law is purely inquisitorial and the common law adversarial. Indeed the ancient Roman custom of arbitration, the earliest form of adversarial proceeding, has now been adapted in many common law jurisdictions to a more inquisitorial form. In some mixed civil law systems, such as those in Scotland, Quebec and Louisiana, while the substantive law is civilian in nature and evolution, the procedural codes that have developed over the last several hundred years are based upon the English adversarial system. In law, custom, or customary law consists of established patterns of behaviour that can be objectively verified within a particular social setting. ... Arbitration is a legal technique for the resolution of disputes outside the courts, wherein the parties to a dispute refer it to one or more persons (the arbitrators or arbitral tribunal), by whose decision (the award) they agree to be bound. ... This article is about the country. ... , Motto: Je me souviens (French: I remember) Capital Quebec City Largest city Montreal Official languages French Government - Lieutenant-Governor Pierre Duchesne - Premier Jean Charest (PLQ) Federal representation in Canadian Parliament - House seats 75 - Senate seats 24 Confederation July 1, 1867 (1st) Area  Ranked 2nd - Total 1,542,056 km² (595... Official language(s) de jure: none de facto: English & French Capital Baton Rouge Largest city New Orleans [1] Area  Ranked 31st  - Total 51,885 sq mi (134,382 km²)  - Width 130 miles (210 km)  - Length 379 miles (610 km)  - % water 16  - Latitude 29°N to 33°N  - Longitude 89°W...


Inquisitorial tribunals in common law countries

Administrative proceedings in many common law jurisdictions may be similar to their civil law counterparts and be conducted on a more inquisitorial model. A good example are the many administrative boards such as the New York City Traffic Violations Bureau: a minor tribunal that deals with traffic infractions where the adjudicator also functions as the prosecutor and questions the witnesses; he or she also renders judgment and sets the fine to be paid.


These types of tribunals or boards can be found in most modern democracies. They function as an expedited form of justice where the state agents conduct an initial investigation and the adjudicator's job is to confirm these preliminary findings through a simplified form of procedure that grants some basic amount of due process or fundamental justice in which the accused party has an opportunity to place his or her objections on the record. In United States law, adopted from English Law, due process (more fully due process of law) is the principle that the government must normally respect all of a persons legal rights instead of just some or most of those legal rights when the government deprives a person of life... Fundamental justice is a term in Canadian administrative law that signifies those basic procedural rights that are afforded anyone or anybody facing an adjudicative process or procedure that affects fundamental rights. ...


References

  • French Code of Penal Procedure (Code de procédure pénale)
    • legislative part
    • regulatory section — regulations taken after advice of the Conseil d'État
  1. ^ Les chiffres-clés de la Justice, French Ministry of Justice, October 2006

In France, the Conseil dÉtat (English: Council of State and sometimes Counsel of State) is an organ of the French national government. ... For other uses, see Law (disambiguation). ... Administrative law in the United States often relates to, or arises from, so-called independent agencies- such as the Federal Trade Commission (FTC). Here is FTCs headquarters in Washington D.C. Administrative law (or regulatory law) is the body of law that arises from the activities of administrative agencies... Criminal law (also known as penal law) is the body of statutory and common law that deals with crime and the legal punishment of criminal offenses. ... A contract is a legally binding exchange of promises or agreement between parties that the law will enforce. ... Not to be confused with torte, an iced cake. ... This article or section does not cite any references or sources. ... This law-related article does not cite its references or sources. ... The Court of Chancery, London, early 19th century This article is about the concept of equity in the jurisprudence of common law countries. ... International law deals with the relationships between states, or between persons or entities in different states. ... Conflict of laws, or private international law, or international private law is that branch of international law and interstate law that regulates all lawsuits involving a foreign law element, where a difference in result will occur depending on which laws are applied as the lex causae. ... Supranational law is a form of international law, based on the limitation of the rights of sovereign nations between one another. ... Image File history File links This is a lossless scalable vector image. ... For other uses, see Law (disambiguation). ... Labour law (American English: labor) or employment law is the body of laws, administrative rulings, and precedents which addresses the legal rights of, and restrictions on, working people and their organizations. ... Human rights law is a system of laws, both domestic and international which is intended to promote human rights. ... Legal procedure is the body of law and rules used in the administration of justice in the court system, including such areas as civil procedure, criminal procedure, appellate procedure, administrative procedure, labour procedure, and probate. ... The law of evidence governs the use of testimony (e. ... Nationality law is the branch of a countrys legal system wherein legislation, custom and court precendent combine to define the ways in which that countrys nationality and citizenship are transmitted, acquired or lost. ... Family Law was a television drama starring Kathleen Quinlan as a divorced lawyer who attempted to start her own law firm after her lawyer husband took all their old clients. ... In the common law, a will or testament is a document by which a person (the testator) regulates the rights of others over his property or family after death. ... Commercial law or business law is the body of law which governs business and commerce and is often considered to be a branch of civil law and deals both with issues of private law and public law. ... Corporations law or corporate law is the law concerning the creation and regulation of corporations. ... For the 2006 film, see Intellectual Property (film). ... The following analysis is based on English law. ... Restitution is the name given to a form of legal relief in which the plaintiff recovers something from the defendant that belongs, or should belong, to the plaintiff. ... Tax law is the codified system of laws that describes government levies on economic transactions, commonly called taxes. ... Bank regulations are a form of government regulation which subject banks to certain requirements, restrictions and guidelines, aiming to uphold the soundness and integrity of the financial system. ... It has been suggested that this article or section be merged with antitrust. ... Consumer protection is a form of government regulation which protects the interests of consumers. ... Environmental law is a body of law, which is a system of complex and interlocking statutes, common law, treaties, conventions, regulations and policies which seeks to protect the natural environment which may be affected, impacted or endangered by human activities. ... Admiralty law (also referred to as maritime law) is a distinct body of law which governs maritime questions and offenses. ... Military law is a distinct legal system to which members of armed forces are subject. ... Products liability is the area of law in which manufacturers, distributors, suppliers, retailers, and others who make products available to the public are held responsible for the injuries those products cause. ... World distribution of major legal traditions The three major legal systems of the world today consist of civil law, common law and religious law. ... This article concerns the common-law legal system, as contrasted with the civil law legal system; for other meanings of the term, within the field of law, see common law (disambiguation). ... Civil law or Continental law or Romano-Germanic law is the predominant system of law in the world. ... In the religious sense, law can be thought of as the ordering principle of reality; knowledge as revealed by God defining and governing all human affairs. ... It has been suggested that this article or section be merged with Socialist Legality. ... To meet Wikipedias quality standards, this article or section may require cleanup. ... This article is about law in society. ... Legal history is a term that has at least two meanings. ... Philosophers of law ask what is law? and what should it be? Jurisprudence is the theory and philosophy of law. ... Law and economics, or economic analysis of law is an approach to legal theory that applies methods of economics to law. ... An approach to law stressing the actual social effects of legal institutions, doctrines, and practices and vice versa. ... For other uses, see Law (disambiguation). ... The Politics series Politics Portal This box:      In law, the judiciary or judicial is the system of courts which administer justice in the name of the sovereign or state, a mechanism for the resolution of disputes. ... A legislature is a type of representative deliberative assembly with the power to adopt laws. ... The Politics series Politics Portal This box:      This article is about the sociological concept. ... A lawyer is a person licensed by the state to advise clients in legal matters and represent them in courts of law and in other forms of dispute resolution. ... The Politics series Politics Portal This box:      Civil society is composed of the totality of voluntary civic and social organizations and institutions that form the basis of a functioning society as opposed to the force-backed structures of a state (regardless of that states political system) and commercial institutions. ...

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