Those parts of asia africa and south america which

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those parts of Asia, Africa and South America which were previously colonies in the French, Spanish, Portuguese or German empires) generally follow the inquisitorial model. Therefore the origins of the present day adversary system are found in the legal system operating in England in the eighteenth and nineteenth centuries, while the origins of the present day inquisitorial system are found in and exemplified by the French and German legal systems of the eighteenth and nineteenth centuries. It should, however, be remembered that elements of both the inquisitorial and adversarial models can be found in the primitive European fact-finding procedures and that modern legal systems contain elements of both, although one or the other predominates. An interesting product of historical influences was the legal system operating in Vanuatu before its independence: French (inquisitorial) and British (adversarial) systems operated parallel to each other serving different national groups within the population and there was also a separate Polynesian customary law system. These legal systems existed in the one place because of historical factors; both imported models were superimposed on the existing system by colonising countries during the nineteenth and early twentieth centuries. ¶717 Party control over the case In the adversary model, the parties have almost complete control over the running of the case before and even during the trial. Subject to a set of rules aimed at achieving the fair and efficient administration of legal proceedings, it is the parties (or one or the other of them) who decide: whether or not to institute proceedings; what points are in issue; which arguments are to be relied upon; what and how much evidence to gather; if and when there is to be a disclosure of any evidence between the parties (although there is a tendency for courts to take more interest in those matters); when and where the trial will take place; the form of the court: whether it be judge alone or judge and jury; and which arguments and how much of their evidence will be presented to the court. In the inquisitorial model, the court takes over responsibility for the case right from its commencement. After proceedings are instituted, a judge is assigned to the case to ensure: that the case is fully and clearly established for each party; that all evidence is obtained and brought before the court; that there be full disclosure of each party's case to the opponent; and that so far as possible all available evidence and arguments are presented by both parties to the court; so that the final decision is made in the light of all the relevant information and after consideration of all arguments.
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