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Speaker of the House Nancy Pelosi announcing the launch of the impeachment inquiry into Donald Trump in September 2019. In modern practice, impeachment inquiries often are spurred by referrals by external investigative bodies, such as the Judicial Conference of the United States, an independent counsel, a grand jury or a state legislature.
The distinction between an adversarial and inquisitorial system is theoretically unrelated to the distinction between a civil legal and common-law system. Some legal scholars consider inquisitorial misleading, and prefer the word nonadversarial. [2] The function is often vested in the office of the public procurator, as in China, Japan, and ...
In common law jurisdictions, a preliminary hearing, preliminary examination, preliminary inquiry, evidentiary hearing or probable cause hearing is a proceeding, after a criminal complaint has been filed by the prosecutor, to determine whether there is enough evidence to require a trial. At such a hearing, the defendant may be assisted by a lawyer.
The difference lies in Congress's stated determination to investigate, usually when there is a suspicion of wrongdoing on the part of public officials acting in their official capacity, or private citizens whose activities suggest the need for a legislative remedy.
The U.S. Bill of Rights. Article Three, Section Two, Clause Three of the United States Constitution provides that: . Trial of all Crimes, except in Cases of Impeachment, shall be by Jury; and such Trial shall be held in the State where the said Crimes shall have been committed; but when not committed within any State, the Trial shall be at such Place or Places as the Congress may by Law have ...
John Henry Merryman and Rogelio Pérez-Perdomo have described the examining magistrate's role in civil-law systems as follows: . The typical criminal proceeding in the civil law world can be thought of as divided into three basic parts: the investigative phase, the examining phase (the instruction), and the trial.
A public inquiry, also known as a tribunal of inquiry, government inquiry, or simply inquiry, is an official review of events or actions ordered by a government body. In many common law countries, such as the United Kingdom, Ireland, Australia and Canada, such an inquiry differs from a royal commission in that a public inquiry accepts evidence and conducts its hearings in a more public forum ...
An inquest is a judicial inquiry in common law jurisdictions, particularly one held to determine the cause of a person's death. [1] Conducted by a judge, jury, or government official, an inquest may or may not require an autopsy carried out by a coroner or medical examiner. Generally, inquests are conducted only when deaths are sudden or ...