5.1.2 Strengths and Weaknesses of the Adversary System Flashcards Preview

Legal Studies 3/4 > 5.1.2 Strengths and Weaknesses of the Adversary System > Flashcards

Flashcards in 5.1.2 Strengths and Weaknesses of the Adversary System Deck (19)
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1

Role of the Parties Strength 1:

Parties have control over their own case. Thus party involvement in the proceedings builds confidence in the legal system and acceptance of the outcome.

2

Role of the Parties Strength 2:

All relevant evidence will be presented.

3

Role of the Parties Weakness 1:

One party may choose not to present relevant evidence or raise particular legal issues, which can damage their case.

4

Role of the Parties Weakness 2:

Party control may cause delays, through inexperience failure, or deliberately trying to bleed the opposition out of their money.

5

Role of the Judge Strength 1:

Impartiality ensures a fair and unbiased hearing

6

Role of the Judge Strength 2:

Ensures rules of procedure and evidence are followed and parties are treated fairly

7

Role of the Judge Weakness 1:

They are the most experienced people in the court room, yet their expertise is often not utilised

8

Role of the Judge Weakness 2:

Judges cannot determine a verdict in a criminal trial, even though they may be the best person to judge the facts and law

9

Strict Rules of Evidence Strength 1:

Ensures fairness as rules are applied equally and evidence can be admissible.

10

Strict Rules of Evidence Strength 2:

Rules of procedure aim to produce the truth.

11

Strict Rules of Evidence Weakness 1:

Witnesses can be intimidated

12

Strict Rules of Evidence Weakness 2:

Witnesses can only respond to questions, as opposed to being able to tell their story.

13

Standard and Burden of Proof Strength 1:

Ensures a fairer system than having the judge solely responsible for discovering the truth

14

Standard and Burden of Proof Strength 2:

Plaintiffs will be discouraged from bringing unsubstantiated or 'vexatious' law suits.

15

Standard and Burden of Proof Weaknesses 1:

Plaintiffs bears the burden of starting the trial and leading all evidence first. If this is done inadequately, the case will be dismissed.

16

Need for Legal Representation Strength 1:

Assists parties present their case in the best possible light

17

Need for Legal Representation Strength 2:

Lawyers can save court time by preparing and presenting cases efficiently

18

Need for Legal Representation Weakness 1:

Expensive

19

Need for Legal Representation Weakness 2:

Unrepresented parties are at a considerable disadvantage

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