Business Law - The Differences between COmmon Law and Civil Law Systems: Dispute Resolution
4 important questions on Business Law - The Differences between COmmon Law and Civil Law Systems: Dispute Resolution
Proceedings: Civil Law
§ The judge will take a proactive role in establishing the facts through witness examination and the role of the lawyer will be less central;
§ The judge knows the law.
Discovery: Civil Law
Witness Statements: Civil Law
§ In Germany, witness preparation is not prohibited by statutory provisions or professional guidelines. However, a witness statement which occurs to be prewritten will most likely not to be regarded as credible by the court. It is left to the criminal law to penalize lawyers for intentionally including witnesses to give a false testimony.
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Witness Statements: Common Law
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