Essay on the adversarial system
This means that the representative of the opposing side can ask the defendant questions.The thoroughness of the investigation of the factual side of the matter is also guaranteed by the fact that in a competitive trial system, a party with a weak position or its lawyer will be forced to give complete information about the circumstances of the case than in cases where the process is investigative. Examining the "pros" and "cons" of adversarial system, one can come to the conclusion that building a process on the basis of "pure" adversariality, understood as the principle of a "sleeping" court, with all the parties involved in the process, has more positive moments, but still there are major negative ones.The adversary system is a feature of the common law system and was brought to Australia with England. It is a system of trial where, the two sides of the case try to present and prove their version of the facts and disprove the version of the other side.(Cook, Creyke, & Geddes Hamer, 2005) A jury decides guilt or innocence, while a judge or magistrate guides the jury in areas of law, as well as deciding a suitable punishment for the defendant.This is one of its multiple strengths, and why it is still in practice today.Both are great but personally I think that inquisitorial court system is better.Proponents of the adversarial system often argue that the system is more fair and less prone to abuse than the inquisitional approach, because it allows less room for the state to be biased against the defendant.As stated above the court system in the United States is an example of one that is adversarial.It also allows most private litigants to settle their disputes in an amicable manner through discovery and pre-trial settlements in which non-contested facts are agreed upon and not dealt with during the trial process.How might those challenges be dealt with and are there implications for what we define as the adversary system and, more generally, the rule of law?These can then be used to checkout other documents on Thinkswap.Both parties are given their respective opportunity to present pieces of evidence and to present relevant laws so as to persuade the neutral judge.
- LAWS13013 Topic 11 The Adversarial System. This presentation is part of a course on Legal Professional Conduct presented by Professor Stephen Colbran, CQUniv.
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There are the different legal preparedness of the plaintiff and defendant and the unequal material condition of the parties involved in the process.Not only private individuals are interested in the protection of civil rights.It over goes the adversarial court system because it actually relies on true facts and witnesses rather than victims words and lawyers.In criminal cases in the adversarial system of trial, justice is achieved through the use of evidence.If you are not satisfied with the quality of any document, or you believe the document was incorrectly described or categorised, Thinkswap will provide a full refund of exchange credits so you can check out another document. Exchange Credits represent the worth of each document on Thinkswap.Each document purchased on Thinkswap is covered by our Satisfaction Guarantee policy.Throughout the course of focusing on juvenile issues that require forethought and afterthought the idea of - Should the justice system be abolished?