Adversary system

Question 1

What are the main features of the adversary system of trial

Answer 1

Contest
Single event
Impartial adjudicator
Party control
Strict rules of evidence and proceedure
Role of the jury

Question 2

Define contest and single event

Answer 2

• A trial is a single continuous event

- contest: trial which a criminal or civil case is heard in contest between plaintiff/prosec. and defendant

Question 3

Strength and weakness of contest and single event

Answer 3

• less stress as trial continues until it finishes

- single event could stretch on, parties could spend too much/little on legal representation creating unfair contest

Question 4

Define impartial adjudicator

Answer 4

• ensures court proceedure is followed
• oversees court proceedings, explains certain laws and procedures to the jury, passive role
• decides admissibility of evidence (e.g. no hearsay)

Question 5

Strengths and weaknesses of impartial adjudicator

Answer 5

-independent of the state (although part of the judiciary) and has no connection to the parties for unbiased decisions
- makes decisions based on evidence presented in court
w - limited role for the most experienced person in the court room as cannot make suggestions or assist parties to remain impartial

Question 6

Define party control

Answer 6

Parties are required to prove their side of the story by submitting their own evidence and arranging legal representation etc.

Question 7

Strengths and weaknesses of party control

Answer 7

S - party bringing the case is required to prove the facts to the standard of proof
W - system is more concerned with winning than finding truth

Question 8

Define strict rules of evidence and procedure

Answer 8

Evidence - means which a fact is proven to be true, generally spoken in adversary system
rules in place to ensure court recieves the best evidence and to establish rules of fairness
inadmissable evidence is generally prior convictions and illegal evidence

Question 9

Strengths and weaknesses of evidence and procedure

Answer 9

s - examination in chief and cross examination allow thorough examination of witnesses
w - not all evidence may arise, can change the outcome of a case

Question 10

Define role of the jury

Answer 10

Trial by peers or equals
a jury listens to the trial, decides the facts of the case and delivers a decision (unanimously 12/12) from secret deliberation

Question 11

Strengths and weaknesses of role of the jury

Answer 11

S - Decision made by peers
W- Unclear how decision is made as deliberation occurs behind closed doors, a big role considering it is unsure how the fate of the case