~ “A major weakness of the common law tradition relative to the civil law tradition in criminal procedure is that ==
the role of the judge, as a “neutral umpire’, fails both to adequately seek the truth and to adequately protect
the rights of the accused’.
Critically discuss. In your answer, you should refer to at least three jurisdictions, one from the common law
and one from the civil law, and to a third jurisdiction. You should choose at least one jurisdiction other than
the UK, Sweden or France.
Three Jurisdictions:
UK Legal system (Common Law)
USA Legal system (Common Law)
France Legal System (Civil Law)
Instruction:
Have a good logical structure: General introductory information to be at the beginning.
Have more comparative content (e.g not to refer US system more than France & UK)
Appear differences between common law and civil law
use examples from specific jurisdictions and give supporting referencing from primary sources
give specific page number for references
Answer the question more directly (The essay should contain good amount of consequences)
Important:
- Use most Updated sources.
- Do not raise a question in the essay. But make an arguments.
- Compare and contrast different views to make a good argument.
- Writing, footnotes and bibliography should be under OSCOLA form.
- Use Primary and Secondary sources.
- Primary sources are (cases – case law and Acts and international legal treaties).
- Secondary sources are (Journal articles, Books and Websites) + reputed newspaper and reports
- Add a good amount of cases as a (Case law Source) Use a lot of JOURNALS ARTICLE
Sample Solution
