5.1.4 Possible reforms of the adversary system

Question 1

Reform 1:

Answer 1

Extend the current power of the judges to take a more active role

Question 2

Judge are … and they should be able to:

Answer 2

Judges are most experienced person in the courtroom, and they should be able to call witnesses, ask questions and investigate prior to the trial.

Question 3

Reform 1 Strength:

Answer 3

Improve the effectiveness of the legal system as it utilises the skills of the judge and increases the likelihood of arriving at the truth.

Question 4

Reform 1 Weakness:

Answer 4

A judge who ‘descends into the arena’ loses the advantage of being an uninvolved observer, thus possibly compromising their role as an impartial umpire.

Question 5

Reform 2:

Answer 5

Decrease the formality of the trial

Question 6

Reform 2 Explanation:

Answer 6

Formality can be intimidating. Decreasing formality would allow witnesses to tell their own story without the interruption of questions.

Question 7

Reform 2 Strength:

Answer 7

Help parties give evidence in a more relaxed matter. Could increase chance of arriving to the truth. (Fair and unbiased hearing)

Question 8

Reform 2 Weakness:

Answer 8

May compromise timely resolution of disputes as procedure may take longer