STRENGTHS AND WEAKNESS OF THE ADVERSERIAL SYSTEM

Question 1

How is evidence a strength

Answer 1

Each side vigorously contests the evidence provided by each side, resulting in the exclusion of any evidence considered weak or that which breaks the very strict evidential rules of the court system such as heresay or opinion from non-experts.

Question 2

How is precedents a strenghth

Answer 2

A another strength of the adverserail system is that there is a constant evolution in the system due to precedents which reflect new norms in society . This saves time opposed to civil law system as new laws must be codified. In civil judicial systems all statutes are codified and must be updated periodically to reflect the changing values of society – a very time consuming and expensive process.