5.1.1 Elements of an Effective Legal System Flashcards
Feature 1 of the Adversary System:
Role of the Parties
Role of the Parties:
Each party is responsible for presenting their case and for various aspects of the trial.
Role of the Parties aspect 1:
Instigating proceedings
Role of the Parties aspect 2:
Deciding which facts and evidence should be brought before the court
Role of the Parties aspect 3:
Choosing whether to have legal representation
Feature 2 of the Adversary System:
Role of the Judge
Role of the Judge 1:
The judge is an independent and impartial umpire
Role of the Judge 2:
The judge determines the admissibility of evidence
Role of the Judge 3:
Has no involvement in the presentation of evidence and calling or questioning witnesses (except to clarify their responses)
Feature 3 of the Adversary System:
Need for strict rules of evidence and procedure
Rules of Evidence 1:
Evidence can be presented in a number of ways including oral and written statements from witnesses.
Rules of Evidence 2:
Evidence can be not admissible:
- Unreliable evidence (hearsay)
- Irrelevant evidence (past convictions)
- Illegally obtained evidence
Rules of Procedure 1:
Aim to discover the truth E.g. Cross examination of witnesses
Feature of the Adversary System 4:
Standard and Burden of Proof
Standard of Proof:
Refers to the strength of the evidence needed to prove the case. Is beyond reasonable doubt in criminal cases and beyond the balance of probabilities in civil cases.
Burden of Proof:
The burden of proof lie with the party bringing the case to court - prosecution or plaintiff. This party has the responsibility of proving their version of the facts are true.
Feature 5 of the Adversary System:
Need for Legal representation
Legal Representation:
Complex nature of the adversary system of trial makes is necessary to have legal representation. Legal experts help ensure parties present their best possible case and assist in achieving a just outcome.
