How the Adversarial System Works in Our Courts
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- Category: Politics: Crime and Drugs
- Date Submitted: 04/06/2010 07:59 PM
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How the Adversarial system works in our courts
During todays tutorial the topic of Adversarial System came up and im going to discusse what is the Adversarial system and the advantages and disadvantages of useing this kind of system. Firstly what is Adversarial System, Adversarial system (or adversary system) is a mode of dispute resolution in which the competing claims of parties to a dispute are presented, usually by legal representatives who have no interest in the outcome of the dispute, an authoritative determination. to an impartial and disinterested third party with the power to impose.
In an adversary system both sides are allowed to present evidence and witnesses to support their case. The opposing side can cross examine witnesses, look at the evidence independently, and challenge arguments made in the court. The goal of this process is to present all of the facts of the case for the benefit of the judge and jury, who can look at the evidence to decide what happened and who, if anyone, should be held responsible. One of the advantages of useing this system is that the judge gets a more fuller view of the case that is in front of him and the situation of the case, where one of the biggest disadvantages is that it can also encourages deception and a variety of questionable legal tactics because there goal is to win at all costs and sometime looks like who ever has the most money will win.
[word count: 246]
1. Peter Butt (ed) Butterworths Concise Australian Legal Dictionary (3 rd ed, 2004) 15.
How the Adversarial system works in our courts
During todays tutorial the topic of Adversarial System came up and im going to discusse what is the Adversarial system and the advantages and disadvantages of useing this kind of system. Firstly what is Adversarial System, Adversarial system (or adversary system) is a mode of dispute resolution in which the competing claims of parties to a dispute are presented, usually by legal representatives who have no interest in the outcome of the dispute, an authoritative determination. to an impartial and disinterested third party with the power to impose.
In an adversary system both sides are allowed to present evidence and witnesses to support their case. The opposing side can cross examine witnesses, look at the evidence independently, and challenge arguments made in the court. The goal of this process is to present all of the facts of the case for the benefit of the judge and jury, who can look at the evidence to decide what happened and who, if anyone, should be held responsible. One of the advantages of useing this system is that the judge gets a more fuller view of the case that is in front of him and the situation of the case, where one of the biggest disadvantages is that it can also encourages deception and a variety of questionable legal tactics because there goal is to win at all costs and sometime looks like who ever has the most money will win.
[word count: 246]
1. Peter Butt (ed) Butterworths Concise Australian Legal Dictionary (3 rd ed, 2004) 15.