5.1.1 Elements of an Effective Legal System Flashcards Preview

Legal Studies 3/4 > 5.1.1 Elements of an Effective Legal System > Flashcards

Flashcards in 5.1.1 Elements of an Effective Legal System Deck (18)
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Feature 1 of the Adversary System:

Role of the Parties

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Role of the Parties:

Each party is responsible for presenting their case and for various aspects of the trial.

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Role of the Parties aspect 1:

Instigating proceedings

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Role of the Parties aspect 2:

Deciding which facts and evidence should be brought before the court

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Role of the Parties aspect 3:

Choosing whether to have legal representation

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Feature 2 of the Adversary System:

Role of the Judge

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Role of the Judge 1:

The judge is an independent and impartial umpire

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Role of the Judge 2:

The judge determines the admissibility of evidence

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Role of the Judge 3:

Has no involvement in the presentation of evidence and calling or questioning witnesses (except to clarify their responses)

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Feature 3 of the Adversary System:

Need for strict rules of evidence and procedure

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Rules of Evidence 1:

Evidence can be presented in a number of ways including oral and written statements from witnesses.

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Rules of Evidence 2:

Evidence can be not admissible:
- Unreliable evidence (hearsay)
- Irrelevant evidence (past convictions)
- Illegally obtained evidence

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Rules of Procedure 1:

Aim to discover the truth E.g. Cross examination of witnesses

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Feature of the Adversary System 4:

Standard and Burden of Proof

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Standard of Proof:

Refers to the strength of the evidence needed to prove the case. Is beyond reasonable doubt in criminal cases and beyond the balance of probabilities in civil cases.

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Burden of Proof:

The burden of proof lie with the party bringing the case to court - prosecution or plaintiff. This party has the responsibility of proving their version of the facts are true.

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Feature 5 of the Adversary System:

Need for Legal representation

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Legal Representation:

Complex nature of the adversary system of trial makes is necessary to have legal representation. Legal experts help ensure parties present their best possible case and assist in achieving a just outcome.

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