The adversarial trial model Chapter 5 The adversarial trial model

Chapter overview The adversarial system Roles in the adversarial system Criminal law Civil law

The adversarial system Two parties present case to a judge. Strict rues of evidence applied Differences between criminal and civil: Criminal - prosecution brings action against defendant. Burden of proof rests with prosecution Civil - plaintiff has burden to prove that the defendant has violated his/her rights. The defendant tries to disprove allegations. Both can appeal

Roles and rules in the adversarial system The role of the judge The role of the jury Empanelment of the jury The role of the jury in a trial The parties In criminal law In civil law Appeals The role of legal representation Rules of evidence Rules of procedure

Criminal law Pre-trial procedures (see diagram slide 6) Criminal offences & procedures Criminal trials Examination in chief Cross-examination Re-examination Criminal appeals (see diagram slide 7) Sanctions

Criminal pre-trial procedures Figure 5.1

Criminal trial procedure Figure 5.2

Civil law Traditional pre-trial civil procedures Pleadings Discovery Interrogatories Certificates of readiness Out of court settlements The civil trial Damages, specific performance, injunction, rescission (see diagram slide 9)

Civil trial procedure Figure 5.3

... Remedies Compensatory damages or ordinary damages Specific damages General damages Non-compensatory damages Nominal damages Exemplary damages Contemptuous damages

... Other remedies Specific performance Injunction Rescission Restitution

Chapter review The adversarial system Roles in the adversarial system Criminal law Civil law