Flashcards in Unit 4 AOS 2 (Adversary) Deck (15):
What are the three elements of an effective legal system
-Fair and unbiased
-Accessing the legal system effectively
-Timely resolution of dispute
What are 2 examples of fair and unbiased hearings adversary system?
-Role of the judge as impartial third party
-Rules of evidence and procedure
What are 2 examples of effective access in the adversary system?
-Role of parties- active and in control
-Limited by legal rep
What are 2 examples of timely resolution of disputes adversary system?
-reduced by role of the party=can cause delays
-limited by rules of evidence and procedure
What is the role of the judge in the adversary system?
The role of the judge is to act as an impartial third party who umpires the trial ensuring both parties abide by rules of evidence and proceedings
What is the role of the parties in the adversay system?
In the adversary system of trial the role of the parties is to have ultimate control. This refers to the fact that is the responsibility of the party to decide upon bringing proceedings, the evidence they lead, the use and quality of legal representation and the mode of trial.
What is the burden and standard of proof in the adversary system?
The burden and standard of proof refers to what party has the responsibility to bring forth evidence to prove their case and the quality to which this evidence must prove the case. In the adversary system the burden of proof is with the procescution in criminal cases and plaintiff in civil. And the standard of proof is "beyond reasonable doubt" in criminal and "on the balance of probabilities" in civil cases.
What is the role of the rules of evidence and procedure in the adversary system?
There are many strict rules of evidence and procedure in the adversary system to ensure equity between the parties. Rules of evidence and procedure decide what type of evidence is admissible eg.oral questioning of witnesses and which is inadmissible eg. Hearsay evidence or evidence obtained illegally. As well as this they ensure the actions of both parties adhere to the regulations of the court in both their preparation and during the court trial.
What is the role of a need for legal representation in the adversary system?
The need for legal representation in the adversary system of trial arises. Due to the strict rules of evidence and proceedings it is important parties are represented by individuals with enough expertise to navigate these rules and to present their best possible case.
What is the role of the rules of evidence and procedure in the inquisitorial system?
In the inquisitorial system there is much less reliance on strict rules.Hearsay and illegally obtained evidence is admissible if the judge decides its relevant. There is also extensive use of written evidence as compared to oral evidence mainly used in adversary and
witnesses can tell their story rather than only answering questions from parties in adversary
What is the role of a need for legal representation in the inquisitorial system?
Not always needed have a lesser role as they are not working with parties but rather assisting the judge in finding the truth
Eg. may help question witnesses at the direction of the judge
What is the burden and standard of proof in the inquisitorial system?
No formal burden or standard of proof, the Judge decides if truth is found on not
What is the role of the judge in the inquisitorial system?
Much more active role than the adversary system. They take on many roles including; Investigating case, defining issues to be resolved, gathering evidence with the police, call and question witnesses, and raising matters of law or fact.
The main objective of the judge is to do whatever they can in their power to find the truth of the matter
What is the role of the parties in the inquisitorial system?
Reduced role compared to adversary as there is no party control. Instead the party's role is to respond to directions of the court.
This role reduces the impact of any inequities between the parties eg. financial imbalance