In civil law countries, the judge is the factfinder instead of a jury and applies provisions of that country’s code.
In civil law countries, the judge is the factfinder instead of a jury and applies provisions of that country’s code. The judge also acts as an investigator during discovery and it is the judge who often brings the formal charges.
Because juries are infrequently used in civil law systems, they are replaced by extensive education and training of judges in finding the facts and applying the law. Judges in civil law countries tend to be more diverse yet receive standardized training, which creates uniformity in decisions rather than predictability by following precedents.
Describe whether these differences in the roles of judges in civil law countries and common law countries are an advantage or disadvantage or both. Rather than merely stating your opinion, offer a stance backed up by your learning and analysis.
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