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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 .
An inquisitorial system is a legal system in which the court, or a part of the court, is actively involved in investigating the facts of the case.This is distinct from an adversarial system, in which the role of the court is primarily that of an impartial referee between the prosecution and the defense.
The Supreme Court of Victoria, Australia, an example of a trial court. A trial court or court of first instance is a court having original jurisdiction, in which trials take place. Appeals from the decisions of trial courts are usually heard by higher courts with the power of appellate review (appellate courts). Most appellate courts do not ...
The coroner can actually choose to convene a jury in any investigation, but in practice this is rare. The qualifications to sit on a coroner's jury are the same as those to sit on a jury in Crown Court, the High Court, and the County Court. [2] Additionally, a coroner's jury only determines cause of death; its ruling does not commit a person to ...
In an obiter dictum (legal opinion not forming part of the judgment) in the case of R v West London Coroner, ex parte Gray [6] in 1986, the divisional court stated that the open verdict was, as with the verdicts of unlawful killing and suicide, required to be proved beyond a reasonable doubt.
The name stems from a 1983 case, R v Newton, in which the defendant admitted buggery but claimed his wife had given her consent. [2] The Court of Appeal ruled that, in such cases, there were three ways of resolving the issue. It may be possible to obtain the answer from a jury by directing them to consider whether there is the necessary intent ...
It was a new, less arbitrary form of trial that replaced the denunciatio and accussatio process [11] which required a denouncer or used an adversarial process, the most unjust being trial by ordeal and the secular Germanic trial by combat. These inquisitions, as church courts, had no jurisdiction over Muslims and Jews as such, to try or to ...
Once issues concerning the producibility of a requested statement have been raised, it is the duty of the court to conduct some sort of inquiry. This is a question for the court, and not the jury. [79] [80] A trial court's decision of what material must be produced under the Act is subject to review under the "clearly erroneous" standard. [81]