The Adversary System

Role of the Adversary System To provide a ___________ for disputing parties to present and _________ their cases in as ________________________________________ Controlled by _____________________ ________________________________

Features of the Adversary System Major features of the adversary system ___________________________

Role of the parties ___________________ Each party controls their own case (within the rules of evidence and procedure) Parties are responsible for __________________ – the person who believes they have been wronged (plaintiff is civil, prosecution in criminal) brings the case to court ___________________________

Role of the parties Parties are also responsible for _____________________________ – each side decides which evidence they wish to present to court (although prosecution must disclose all evidence even if it is not beneficial) Investigating the law that is __________________________ ___________________________________________________

Role of the parties Parties are also responsible for Deciding whether to have a _____________________________________________ Choosing whether to have _________________ _______________________

Role of the parties Party control allows the parties to feel that they are ________________ of the situation and are ______________ for the outcome Satisfies the competitive spirit Gives people the opportunity to fight to win their case – ______________________

The elements In civil cases – it means that cases can be resolved But it makes the process expensive – which means that not everyone has __________________________________________________________________________________________

Role of the Judge __________________________________ Ensures the court processes and procedures are carried out according to the rules of evidence and procedure May only ask questions to clarify matters ______________________________

Role of the judge Decides ______________________________________________ _______________________________________________ ____________________________where there is one Decides the __________ _____of a case where there is ___ jury

Role of the Judge For the adversary system to work effectively the judge must be ___________________________ Essential that the decision maker (judge or jury) is _______________________________from the case Judge has no prior knowledge of the case before hearing the evidence presented

The elements The impartial, independent judge ensure a _____________________________________________

Burden and Standard of Proof Burden of proof lies __________________________________________ Criminal – ________________________ Civil – ___________________________ Person who brings the case must prove the other party _______________________________________________

Burden and Standard of Proof Criminal – _______________________ Civil – ___________________________

Burden and Standard of Proof Essential elements of the adversary system Burden of proof indicates who must begin the battle Standard of proof indicates the strength of proof required to decide the winner

The elements Burden and standard of proof ensure a ____________________________________________

Need for legal representation _____________________– prepare the case on behalf of the parties Legal representatives _____________– are familiar with rules of evidence and procedure Help to ensure that the parties are able to ___________________________ Assists in achieving a just outcome

Need for legal representation __________________and __________ ____________________ depends on being legally represented – with the best possible lawyer Presenting a case without legal representation is very difficult and can result in an ________________

Need for legal representation For the adversary system to work effectively there needs to be _________ ________________________ Parties should have an equal opportunity to present their cases ________________________ through both sides bringing their evidence and cross examination by the other side

The elements If one party is better represented than the other, this could lead to an unfair advantage and possibly an incorrect result – so it will not be a __________ ___________________

The elements A person who can afford a more competent barrister is more likely to win than a person represented by a less experienced barrister this means that there is not _____________ for everyone

Need for rules of evidence and procedure Evidence is concerned with __________ _______________ Rules of evidence aim to ensure fair and equal treatment

Need for rules of evidence and procedure Evidence can be ________ – given by witnesses ____________________(called an affidavit) _____________ – murder weapons, photos diagrams, tape-recording ______________________ (called circumstantial evidence)

Need for rules of evidence and procedure Adversary system relies more heavily on _______ evidence given by witnesses than documentary evidence

Need for rules of evidence and procedure Rules of evidence are primarily for the protection of the parties Ensure that _____________________________________ _____________________________________ _____________________________________

Need for rules of evidence and procedure Rules of procedure provide a ____________________ in which court cases take place Provide the way in which the court will try to bring about a resolution Procedures are aimed at treating both sides ____________ Create at atmosphere of __________________ so that the decision is followed

Need for rules of evidence and procedure Assist the parties in achieving a just outcome Rule of evidence __________________ Rules of procedure should __________ ____________________

Evidence not admissible ____________ convictions (unless used as propensity evidence with permission from the judge) Irrelevant evidence ______________________ Evidence obtained __________________ Privileged information

The elements Only allow certain types of evidence to ensure a _______________________ Rules of procedure help assist _______ ___________________________

Juries The jury system is NOT a feature of the adversary system – it is an entirely different system!