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.
