Legeal 8/08/14 Flashcards
Entitlement to a fair and unbiased hearing
An effective legal system provides structures and procedures that facilitate a fair hearing or trial, free from bias.
Expected that judge and jury will be impartial.
Effective access to the legal system
All people should be aware of their right to take a matter to a court, a tribunal or other dispute resolution body, and have equal access to these legal bodies.
Timely resolution of disputes
Should be sufficient time to allow parties to prepare appropriate cases and all evidence to be considered
Cases should therefore be resolved in a reasonable time.
May be delays (processes and procedures)
Role of adversary system
Is to provide a procedure for the parties to present and resolve their case in a fair a manner as possible. (Civil and criminal)
Major Features of adversary system:
Role of parties
Party control means each party is in control of their own case and how evidence is presented
Aspects of trial parties are responsible for
Instigating the proceedings - Person whose rights infringed brings case against other party//Criminal case state brings proceedings.
Investigating facts - parties choose methods to investigate
Deciding which facts should be brought before the court - decide which evidence it thinks best suits the case
Investigating law - Each party responsible for finding out the law that is relevant
Application to adversary system - Party Control
Allows parties to feel they are in control of situation and responsible for outcome. Satisfies the competitive, combative, spirit. No interference of state
Role of Judge
Ensure court processes and procedures are carried out according to the strict rules of evidence and procedure and each party is treated fairly.
Impartial umpire
Judge/Magistrate responsibilities
Ensure rules of evidence and procedure are followed - deciding admissibility of evidence/exclude inadmissible evidence from trial
Deciding questions of law - determines the relevant law to be applied to the case
Clarifying issues - Ask questions, recall witness for matter to be cleared, or call new witness with permission.
Deciding the sanction or remedy - Criminal cases, if accused found guilty, judge decides sanction//judge will decide remedy if plaintiff proves their case
Application to the adversary system - Judges
Judge acts impartially to make it fair to both parties
Decision-maker is independent (no knowledge of accused or parties in civil cases.
Burden of proof
Lies with the person/party bringing the case.
Prove facts of the case
Plaintiff/prosecution
Party control
Standard of proof
Prosecution must prove case beyond reasonable doubt (no reasonable doubt for accused to be found guilty)
Plaintiff must prove case on the balance of probabilities (prove that they are most probably in the right and defendant is most probably wrong.
Application to adversary system
Burden of proof - who has responsibility of proving the case
Standard of proof - strength of proof required to decide who is successful
Rules of procedure
provide framework in which court cases take place and through which court will try to bring about a resolution to the case.
Hearing/trial procedure establishes the steps for bring out the evidence
Rules of evidence
Rules of evidence:
Parties are treated fairly
Jury is not distracted by irrelevant material
Unreliable or illegally obtained evidence is not heard by court
Evidence is no unduly prejudicial to the accused
Courts hears evidence only about the case before the court (no prior convictions)
