5.1.2 Strengths and Weaknesses of the Adversary System Flashcards
Role of the Parties Strength 1:
Parties have control over their own case. Thus party involvement in the proceedings builds confidence in the legal system and acceptance of the outcome.
Role of the Parties Strength 2:
All relevant evidence will be presented.
Role of the Parties Weakness 1:
One party may choose not to present relevant evidence or raise particular legal issues, which can damage their case.
Role of the Parties Weakness 2:
Party control may cause delays, through inexperience failure, or deliberately trying to bleed the opposition out of their money.
Role of the Judge Strength 1:
Impartiality ensures a fair and unbiased hearing
Role of the Judge Strength 2:
Ensures rules of procedure and evidence are followed and parties are treated fairly
Role of the Judge Weakness 1:
They are the most experienced people in the court room, yet their expertise is often not utilised
Role of the Judge Weakness 2:
Judges cannot determine a verdict in a criminal trial, even though they may be the best person to judge the facts and law
Strict Rules of Evidence Strength 1:
Ensures fairness as rules are applied equally and evidence can be admissible.
Strict Rules of Evidence Strength 2:
Rules of procedure aim to produce the truth.
Strict Rules of Evidence Weakness 1:
Witnesses can be intimidated
Strict Rules of Evidence Weakness 2:
Witnesses can only respond to questions, as opposed to being able to tell their story.
Standard and Burden of Proof Strength 1:
Ensures a fairer system than having the judge solely responsible for discovering the truth
Standard and Burden of Proof Strength 2:
Plaintiffs will be discouraged from bringing unsubstantiated or ‘vexatious’ law suits.
Standard and Burden of Proof Weaknesses 1:
Plaintiffs bears the burden of starting the trial and leading all evidence first. If this is done inadequately, the case will be dismissed.
