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

§ Proceedings which are inquisitorial in nature;
§ 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

§ Civil Law: The concept of discovery is unheard of and each party is required to provide the evidence to support its claims from the documents in its own possession.

Witness Statements: Civil Law

§ Civil Law: A preparation of witness for a trial might put the credibility of the witness testimony in question, in case a preparation of witnesses is not prohibited.

§ 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

§ Common Law: It is very normal in common law regimes for attorneys to prepare their witnesses before examination or cross-examination.

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