Administrative justice[edit]
In administrative courts such as the Council of State, litigation proceedings are markedly more inquisitorial. Most of the procedure is conducted in writing; the plaintiff writes to the court, which asks explanations from the administration or public service concerned; when answered, the court may then ask further detail from the plaintiff, etc. When the case is sufficiently complete, the lawsuit opens in court; however, the parties are not even necessary to attend the court appearance. This system reflects the fact that administrative lawsuits are for the most part about matters of formal procedure and technicalities.
Inquisitorial tribunals within the United States[edit]
Positive administrative proceedings within some common law jurisdictions in the United States may be similar to their civil law counterparts but are conducted on a more inquisitorial model. For example tribunals dealing with minor traffic violations at the New York City Traffic Violations Bureau are held before an adjudicator who also functions as a prosecutor. They query witnesses before rendering judgements and setting fines.
These types of tribunals or boards function as an expedited type of justice where the state agents conduct an preliminary inquiry and the adjudicator's job is to confirm these preliminary findings through a simplified type of procedure that grants some basic amount of due technique or essential justice in which the accused party has a chance to place his or her objections on the record.
In administrative courts such as the Council of State, litigation proceedings are markedly more inquisitorial. Most of the procedure is conducted in writing; the plaintiff writes to the court, which asks explanations from the administration or public service concerned; when answered, the court may then ask further detail from the plaintiff, etc. When the case is sufficiently complete, the lawsuit opens in court; however, the parties are not even necessary to attend the court appearance. This system reflects the fact that administrative lawsuits are for the most part about matters of formal procedure and technicalities.
Inquisitorial tribunals within the United States[edit]
Positive administrative proceedings within some common law jurisdictions in the United States may be similar to their civil law counterparts but are conducted on a more inquisitorial model. For example tribunals dealing with minor traffic violations at the New York City Traffic Violations Bureau are held before an adjudicator who also functions as a prosecutor. They query witnesses before rendering judgements and setting fines.
These types of tribunals or boards function as an expedited type of justice where the state agents conduct an preliminary inquiry and the adjudicator's job is to confirm these preliminary findings through a simplified type of procedure that grants some basic amount of due technique or essential justice in which the accused party has a chance to place his or her objections on the record.
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