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Unformatted text preview: • State becomes a party because the person is a part of the state and its in the interest of the state • Governs relationship between individuals and the state • Defines crimes against the public order Adversarial • Prosecution vs. defendant (criminal trial) • Plaintiff vs. defendant (civil trial) • Each side has the opportunity to be represented by counsel • Innocent until proven guilty • Judge can sometimes be umpire, asking questions and making statements. Make sure the law of the court is maintained. • Guilt or innocence decided by jury Inquisitorial • Judges as representatives of the state seek to determine the truth • Implicit assumption of guilt • Significant evidence presented by prosecutor • The accused must testify • Verdict by panel of judges Judicial Review • Not all judicial matters are constitutional • Abstract judicial review- wanting to know if a proposed law will be constitutional •...
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- Spring '07