Chapter 7: The Adversary System Definitions

Question 1

What is affidavit?

Answer 1

Evidence in the form of a written statement of facts, made under oath or affirmation

Question 2

What is circumstantial evidence?

Answer 2

evidence which takes the form of a set of circumstances or facts indicating that a certain event has happened, rather than proving a fact directly

Question 3

What is the inquisitorial system?

Answer 3

system of trial where the judge plays an active role in examining and investigating the case in order to determine the truth of the matter in question

Question 4

What is oral evidence?

Answer 4

evidence given by witnesses in a case in the form of answers to questions from legal representation

Question 5

What is propensity evidence?

Answer 5

evidence which demonstrates the accused has the tendency to commit the type of crime they are accused of

Question 6

What is the standard of proof?

Answer 6

indicates the strength of proof required to decide who is successful:
criminal - beyond reasonable doubt
civil - on the balance of probabilities

Question 7

What is the burden of proof?

Answer 7

indicates who has the responsibility of proving their case: civil - plaintiff
criminal - prosecution

Question 8

What is the adversary system?

Answer 8

The system of trial used in Australia in which two opposing sides try to win the case. Set rules of e&p must be followed and the judge is impartial arbitrator