Strengths and Weakness of Adversary System Flashcards
Role of the Judge
Impartially umpire without favouring either side.
Role of the Parties
Responsible for finding out the law relevant to the case.
Burden proof
Decides who must begin the “battle”
Standard Proof
Level of proof required in deciding who should be successful.
Need for Legal Representation
Both parties should should have equal opportunity to present their cases.
Rule of Evidence
Concerned with proof of facts.
Rules of Procedure
Rules from the framework in which court cases take place.
Strengths: Role of the parties
Each empowered to discover the truth.
Weaknesses: Role of the parties
Unfavourable evidence omitted = truth may not be revealed
Strengths: Role of the judge
Impartial third party upholds principles of fairness, equality and justice.
Weaknesses: Role of the judge
Impartial role sees judges expertise not fully utilised, therefore cannot use knowledge to help parties.
Strengths: Burden & standard proof
High standard proof to prove guilty = helps ensure certainty in verdict
Weaknesses: Burden & standard proof
Prosecution omits unfavourable evidence in an attempt to win case.
Strengths : Need for legal representation
Lawyer provide expertise and knowledge of how to present a good case.
Weaknesses : Need for legal representation
Outcome reflection on who has the best legal representation.
