Legal Research and Writing: Analysis of Dispute Resolution Approaches

This discussion post examines the adversarial and inquisitorial systems of dispute resolution, analyzing their respective strengths and weaknesses. The adversarial system, characterized by a focus on lawyers advocating for their clients, is critiqued for potential biases due to governmental influence and potential manipulation. Conversely, the inquisitorial system, which emphasizes truth-seeking through comprehensive investigation and impartial questioning, is presented as a more equitable approach, ensuring fair treatment regardless of social standing. The post concludes by advocating for the inquisitorial system as the preferred method due to its commitment to fairness and unbiased application of the law. References to scholarly articles are included to support the analysis.

Legal Research and Writing 1
Legal Research and Writing.
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Legal Research and Writing 2
In this discussion, please consider adversarial and inquisitorial approaches to dispute resolution
and opine upon their relative strengths and weaknesses.
The strengths of the adversarial system are: the lawyers do his best for the client. The
defense seeks for every method of escape in the law, every technicality and possible means of
escape. The prosecution as well aims to close every loophole and technicalities that may grant
means to escape. The law covers the prosecution and defense equally; thus, each side gets equal
treatment (Feeley, 2017). The weaknesses of this system are; the trial and the government are a
unit since anyone who is a government employee is bound to support the government whether
the government is right or wrong, especially the lawyers — failure to comply results to the firing
of the job. The police also help the government. This makes it easy to manipulate the proceeding
process in favor of the government.
The strengths of the inquisitorial systems are: the process gets to the truth, examines all
evidence, exempts nobody, and asks questions. In this system, nobody gets special treatment, to
be it the superior in position or the inferior. The system will ask the same questions and verify
the responses based on the provision of the law (Spencer, 2016). The judge, prosecutor, police,
and investigator are different bodies in this case, and each body performs its function as
prescribed by the laws of the land. The weaknesses are, the agencies mentioned above are the
same body, and thus, the truth is readily determined. Interrogations are done for formalities;
hence, there is minimal effort to find the truth.
In conclusion, the inquisitorial system provides fair treatment to both the kings and the
slaves against the law; hence, it is the most preferred in this case.
References

Legal Research and Writing 3
Feeley, M. (2017). The adversary system. In Crime, Law and Society (pp. 105-118). Routledge.
Spencer, J. R. (2016). Adversarial vs inquisitorial systems: is there still such a difference?. The
International Journal of Human Rights, 20(5), 601-616.