Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Inquisitorial


Related Topics

In the News (Tue 22 Dec 09)

  
  Encyclopedia of Religious Freedom -- Sample Entries
Because inquisitorial courts employed torture and capital punishment to coerce adherence to Roman Catholic teachings, "The Inquisition" has acquired a reputation as an intolerant, tyrannical, and monolithic institution that suppressed religious freedom in medieval and early modern Europe.
Thanks to the vast records left by inquisitorial notaries, it is estimated that fewer than 10,000 died at the hands of the Spanish inquisitions during the 356 years of their existence.
Joseph Bonaparte suspended inquisitorial operations when he became king of Spain in 1808; the courts were revived in 1813 but were finally dissolved by the new Spanish constitution of 1834.
www.routledge-ny.com /religionandsociety/relfreedom/inquisition.html   (2593 words)

  
 [No title]
Inquisitorial “To succeed in other trades, capacity must be shown; in the law, concealment of it will do.” Although Mark Twain’s intended message in this quote most likely centered on a general disregard for an unpopular profession, he ironically highlighted a disputed segment of the American legal system.
In the inquisitorial system, the judge, who is the final decision maker, is capable of basing his ruling on a limitedly argued point.
The inquisitorial system provides a judge, whom the parties have to ability in replacing, unlike their own legal council, and both must rely on the qualifications and judgment of this randomly assigned bureaucrat.
www.albany.edu /~ed4208/everything_else/330.doc   (2403 words)

  
 The Role of the Inquisition in Europe
Before discussing inquisitorial courts, it is important to have an understanding of the history and context of these courts.
Inquisitorial courts were governed, just as modern courts are governed, by strict procedural rules.
With regard to inquisitorial procedure, the Church's leaders were trying to find the balance between the dignity and rights of the human person and the protection of the Church and society from real threats.
catholiceducation.org /articles/apologetics/ap0049.html   (2226 words)

  
 Los Angeles Lawyer - Adversarial System
In a way the rules of evidence can function to give a judge limited inquisitorial powers as the judge may exclude evidence she believes is not trustworthy or irrelevant to the legal issue at hand.
In addition, proponents of inquisitorial systems argue that the plea bargain system causes the participants within the system to act in perverse ways, in that it encourages the prosecution to bring charges far in excess of what is warranted and the defense to plead guilty even when they believe that they are not.
Furthermore, proponents of inquisitorial systems also argue that the power of the judge is limited by the use of lay assessors and that a panel of judges may not necessarily be more biased than a jury.
www.danataschner.com /adversarial_system.html   (1762 words)

  
 [No title]   (Site not responding. Last check: 2007-10-12)
That is the inquisitorial body provided by our fundamental law to subpoena documents required in advance of a criminal trial, and in the preparation of an indictment or its particularization. The Supreme Court limited O’Connor’s holding in Donaldson v.
Building on the inquisitorial logic of Powell, the Court majority relied explicitly on the idea of tax determination as an inquisitorial process: Of necessity, the investigative authority so provided is not limited to situations in which there is probable cause, in the traditional sense, to believe that a violation of the tax laws exists.
The majority emphasized that the inquisitorial nature of the system required the Service be able to investigate unknown taxpayers and it was sufficient protection against abuse that “[o]nce a summons is challenged it must be scrutinized by a court.” Justice Blackmun gave a prophetic concurrence in Bisceglia.
www.floridalawreview.org /issues/pdf/vol56num1/camp.doc   (9211 words)

  
 Peru
The establishment of the Inquisition in Peru in 1568 was part of a colonial political design by Philip II at the end of 1560, and its purpose was to deal mainly with the political and ideological crisis in the Peruvian viceroyalty.
The inquisitorial documentation clearly reflects this preoccupation during the sixteenth and seventeenth centuries.
A general study on the inquisitorial censorship of books in Colonial Peru needs to be done given the existing ideas about the role of the Inquisition.
www.beaconforfreedom.org /about_database/peru.html   (4425 words)

  
 PREPARING FOR TRIAL
In an inquisitorial system, the judge may inquire into the presentation of the case and its underlying facts.
The attorneys in an inquisitorial system present the facts of a case in the light most favorable to their clients, but they are not permitted to withhold facts that are material to a case.
In criminal prosecutions, where the state is both a party and the judge, inquisitorial systems may not provide a defendant with the protections that are inherent in an adversarial system.
biotech.law.lsu.edu /books/lbb/x39.htm   (534 words)

  
 Right to education: China fails to make the grade
Prior to any attempt to “borrow” aspects of another nation’s inquisitorial system, which is what the Malimath Committee is proposing with respect to the French system, it is of vital importance that the entire structure, evolution and context of that system be understood.
The Committee ignores the reasoning behind this centuries-old rule of evidence, which is that the guilt of the accused must be established by proof of the facts alleged and not by proof of his character, and such evidence may lead to prejudice to the accused.
In most inquisitorial systems, there can be no guilty plea by the defendant as the emphasis is on the public interest in finding the truth.
www.hrdc.net /sahrdc/hrfeatures/HRF89.htm   (1404 words)

  
 Eliminating Racial Profiling - The French Approach?
This is troublesome, since one of the most oft-cited benefits of the French inquisitorial model is the impartiality and unique station of the examining magistrate.
In practice, the examining magistrate's authority is limited by the growing authority of the police and the discretion of the prosecutor.
These provisions, combined with an adoption of the French inquisitorial style in which the judge has a strong role in controlling the direction of the case, would create a "truth-seeking" environment in an American courtroom.
academic.udayton.edu /race/03justice/profiling05.htm   (4047 words)

  
 Sample Chapter for Starr-LeBeau, G.D.: In the Shadow of the Virgin: Inquisitors, Friars, and Conversos in ...
By juxtaposing inquisitorial records with secular records from Guadalupe, I demonstrate that what it meant to convert, or to be the descendant of a convert, was not nearly as transparent as many contemporaries desired.
The inquisitorial trials enabled them to eliminate many of their wealthiest and most powerful rivals in town, and the authority this demonstrated, backed by the implicit support of the Crown, allowed them to cow other residents as well.
The sometimes plaintive record of inquisitorial documents and civil papers reveals that individual conversos can be placed across a continuum of Jewish and Christian practices, their own activities changing over time and in response to the demands of family, friends, and the community as a whole.
pup.princeton.edu /chapters/i7556.html   (4338 words)

  
 David Newlyn - OJ Simpson
It is not an inquisitorial role in which he seeks to remedy the deficiencies in the case on either side.
The judge is the centre of the court in the inquisitorial model; he/she combines the roles of both judge and prosecutor and is the controller of the acervation of evidence.
The judge in the inquisitorial system seems to be aptly charged with the task of finding the truth at all costs as directly compared to the judge in the adversarial system who is largely constrained from obtaining the truth by ponderous rules and procedures which preclude their immediate involvement.
members.tripod.com /~dnewlyn/OJ1.html   (2462 words)

  
 ComputerBasedTest.com - GRE verbal reading comprehension insights summary tips skills, free download, sentence ...
Under the inquisitorial system the public investigator has the duty to investigate not just on behalf of the prosecutor but also on behalf of the defendant.
This system operates on the philosophical premise that in a criminal case the crucial factor is not the legal rule but the facts of the case and that the goal of the entire procedure is to experimentally recreate for the court the commission of the alleged crime.
Although the evolution of both the adversarial and the inquisitorial systems is discussed in the passage, it is done to show why one is superior to the other.
www.computerbasedtest.com /gre_verbal_reading.html   (3470 words)

  
 Inquisitorial system   (Site not responding. Last check: 2007-10-12)
For this see: Inquisition.'' An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties.
The inquisitorial system applies to questions of criminal procedure as opposed to questions of substantial law; that is, it determines how criminal enquiries and trials are conducted, not the kind of crimes for which one can be prosecuted, nor the sentences that they carry.
It would be too much of a generalization to state that the civil law is purely inquisitorial and the common law adverarial, indeed the ancient Roman custom of arbitration was the earliest form of adversarial proceeding, has now been adapted in many common law jurisdictions to a more inquisitorial form.
inquisitorial-system.iqnaut.net   (1356 words)

  
 CUF.org :: Catholics United for the Faith
The Church and her holy faith are distinct from a court procedure—indeed, some aspects of the inquisitorial process are condemned by the Church.
Inquisitorial courts were governed, just as modern courts are governed, by strict rules and guidelines.
Particular inquisitorial procedures for dealing with heresy originated in the later Middle Ages in response to the growing heresy of Catharism/Albigensianism.[10] At the Council of Verona in 1184, Pope Lucius III entrusted to the local bishops the task of ferreting out (inquisitio) heretics.
www.cuf.org /Faithfacts/details_view.asp?ffID=80   (2533 words)

  
 Book 6: Practice   (Site not responding. Last check: 2007-10-12)
In 1544, Mari Serrana, on trial at Toledo, was charged with impeding the Inquisition, because she had endeavored to ascertain whether a certain person had testified in another case and what he had said--the mere attempt to learn what went on within those mysterious walls was treated as a crime.
At its best, the inquisitorial process left much to the temper and disposition of the judge; as modified by the Inquisition, the fate of the accused was virtually at the discretion of the tribunal, and that discretion was relieved of the wholesome restraint of publicity.
This, at least in appearance, removed one of the most repulsive features of the pure inquisitorial process, as the judge was no longer a party to the case and could affect a semblance of impartiality, even though he were, in reality, the instigator of the prosecution.
libro.uca.edu /lea2/6lea2.htm   (5485 words)

  
 Criminal Appeals Lawyers - Habeas Corpus Attorneys
A Inquisitorial System The inquisitorial process is characterized by a continuing investigation conducted initially by police and then more extensively by an impartial examining magistrate.
Under the inquisitorial approach, the trial is merely the public finale of the ongoing investigation.
Critics argue that the inquisitorial system places too much unchecked power in the examining magistrate and judge, who both investigate and adjudicate (legally determine) the case.
www.law4usa.org /criminal_appeals_lawyers.htm   (5499 words)

  
 Tau Online - Know Thy Self
The Inquisitorial units have the widest reach and most access to options and thus can be interchangeable with other armies, as the Inquisitorial aspects of all the Inquisition Codices are virtually the same, with minor differences.
The Inquisitorial units are the core of the Daemonhunters, and are not overly specialized towards any one spectrum of the game.
The Inquisitorial Daemonhunters can take virtually any ally from our list, however, as the list would focus more on the non-Grey Knight units, we would be missing the punch that they provide, which we could make up with any inducted ally or even the Witch Hunter allies.
www.tauonline.org /ViewContent.php?id=105   (11800 words)

  
 SSRN-Tax Administration as Inquisitorial Process and the Partial Paradigm Shift in the IRS Restructuring and Reform Act ...   (Site not responding. Last check: 2007-10-12)
Second, inquisitorial process puts the value of finding truth above the value of preserving individual autonomy so that violations of autonomy may be justified if they result in truth.
In contrast, RRA 98 attempts to insert provisions grounded in adversarial logic into a scheme heretofore grounded in inquisitorial logic: a classic case of round pegs inserted into square holes.
Camp, Bryan T., "Tax Administration as Inquisitorial Process and the Partial Paradigm Shift in the IRS Restructuring and Reform Act of 1998".
papers.ssrn.com /sol3/papers.cfm?abstract_id=496239   (807 words)

  
 Inquisition
[ii] Thus, the various Mexican experiments with inquisitorial procedure in the early years were state building and because of this many of the early trials were aimed at the American natives.
During the aforementioned early period of inquisitorial expansion into Mexico, the Spanish Inquisitor General, Juan Tavera “named as inquisitor Alonso López de Cerrato for Cuba, Jamaica, Española, Puerto Rico, Cubagua and the coasts of Venezuela,” as a contemporary for Tello de Sandoval in Mexico.
It was also ensured that the public was aware of this activity, as seven autos de fé, or public ceremonies of punishment, were held in the period from 1574 to 1596.
www.wm.edu /SO/monitor/fall99/paper6.htm   (3178 words)

  
 Tau Online - Sample Army Lists
A purely inquisitorial force is bound to be top heavy and limited in tactics with this being no exception.
When it comes to the Inquisitorial Daemonhunters with their inducted Guard allies, we're free to take our flavorful characters from the Daemonhunters and our meat and core really from the Guard (much like how it should be anyways).
Our mobile squad is to join the Inquisitorial chimera to aid in keeping it in cover as they taxi around to their objective.
www.tauonline.org /ViewContent.php?id=103   (15212 words)

  
 Judicial reform in Latin America | The San Diego Union-Tribune
Slow and closed to the public, inquisitorial proceedings are the domain of judges or their investigators who gather evidence with the purpose of discerning the truth.
In Latin America, the move from the inquisitorial to the adversarial system is part of the "consolidation of democratic governance," said California Western School of Law professor James Cooper, director of the nonprofit Proyecto Acceso, which has been involved in the judicial reform movement throughout the region.
Yet in a Chilean inquisitorial court he may find a way to satisfy his political ambitions while maintaining his contempt for Peruvian justice.
www.signonsandiego.com /uniontrib/20051126/news_lz1e26sanchez.html   (717 words)

  
 LSAT tests and LSAT testing resources. Learn about the LSAT exam, get extensive test prep help for the LSAT test.
This is a description question, so the information needed to answer it must be stated in the passage--though not in the same language as in the answer.
(A) Because of the inquisitorial system's thoroughness in conducting its pretrial investigation, it can be concluded that a defendant who is innocent would prefer to be tried under the inquisitorial system, whereas a defendant who is guilty would prefer to be tried under the adversarial system.
(D) Because in the inquisitorial system the judge must take an active role in the conduct of the trial, his competency and expertise have become critical.
www.majon.com /testprep/strat-lsatr.html   (3908 words)

  
 Inquisitorial Forces
You may select troops from the Universal Inquisitorial Forces, Allied/Inducted Contingents and from the list corresponding to your Ordo.
Any units marked by an (OX) may only be taken by Ordo Xenos, (OM) may only be taken by Ordo Malleus and (OH) may only be taken by Ordo Hereticus.
Inquisitorial Task Forces receive bonuses to their strategy rating under certain circumstances:
www.geocities.com /lordinquisitor/inquisitorial_forces.htm   (709 words)

  
 Mass tort litigation and inquisitorial justice Georgetown Law Journal - Find Articles   (Site not responding. Last check: 2007-10-12)
Part II addresses settlement class actions, which offer an appealing path out of the morass of inefficient and inconsistent mass tort litigation, but which raise troubling fairness issues, and thus should be permitted only if the court vigorously inquires into the merits of the settlement.
Part III examines the similarities between these judicial devices and the inquisitorial justice model, then considers the barriers of judicial culture and structure that hinder U.S. judges17 from making regular and effective use of such inquisitorial tools.
Nevertheless, these recent trends in mass tort litigation may hint at an evolution toward greater use of inquisitorial tools within the context of the U.S. adversary system.
www.findarticles.com /p/articles/mi_qa3805/is_199906/ai_n8857533   (774 words)

  
 Specialist Games Forum - [EPIC] Inquisitorial Forces v1.8   (Site not responding. Last check: 2007-10-12)
Presented here is the experimental Inquisitorial Task Force army list that Ragnarok, Firestorm40K, mageboltrat and I have been working on.
So there's every reason to want an Inquisitorial Taskforce army list in Epic - they may be rare compared with the IG, but we want to play out the exciting battles...
Your Inquisitorial Stormtroopers could be Kasrkin, naval drop troops, personal troops or whatever - even actual Inquisition stormtroopers.
www.specialist-games.com /forum/topic.asp?TOPIC_ID=22   (2650 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.