The Adversary System - PowerPoint Presentation

Slide1

The Adversary SystemSlide2

To provide a ___________ for disputing parties to present and _________ their cases in as ________________________________________

Controlled by _____________________ ________________________________

Role of the Adversary SystemSlide3

Major features of the adversary system

______________________________________________________ ___________________________

___________________________ ___________________________

Features of the Adversary SystemSlide4

___________________ 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 partiesSlide5

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 partiesSlide6

Parties are also responsible for

Deciding whether to have a _____________________________________________ Choosing whether to have _________________

_______________________

Role of the partiesSlide7

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 – ______________________

Role of the partiesSlide8

In civil cases – it means that cases can be resolved

But it makes the process expensive – which means that not everyone has __________________________________________________________________________________________

The elementsSlide9

__________________________________ 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 JudgeSlide10

Decides

_____________________________________________________________________________________________

____________________________where there is oneDecides the __________ _____of a case where there is ___ jury

Role of the judgeSlide11

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

Role of the JudgeSlide12

The impartial, independent judge ensure a _____________________________________________

The elementsSlide13

Burden of proof lies __________________________________________

Criminal – ________________________

Civil – ___________________________Person who brings the case must prove the other party _______________________________________________

Burden and Standard of ProofSlide14

Standard of proof – ___________________________ ____________________________________________

Criminal – _______________________

Civil – ___________________________

Burden and Standard of ProofSlide15

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

Burden and Standard of Proof Slide16

Burden and standard of proof ensure a ____________________________________________

The elementsSlide17

_____________________– 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 representationSlide18

__________________

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 representationSlide19

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

Need for legal representationSlide20

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 elementsSlide21

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

The elementsSlide22

Evidence is concerned with

__________ _______________Rules of evidence aim to ensure fair and equal treatment

Need for rules of evidence and procedureSlide23

Evidence can be

________ – given by witnesses____________________(called an affidavit)_____________ – murder weapons, photos diagrams, tape-recording

______________________ (called circumstantial

evidence)

Need for rules of evidence and procedureSlide24

Adversary system relies more heavily on

_______ evidence given by witnesses than documentary evidence

Need for rules of evidence and procedureSlide25

Rules of evidence are primarily for the protection of the parties

Ensure that_____________________________________

__________________________________________________________________________ __________________________________________________________________________ _____________________________________

_____________________________________

Need for rules of evidence and procedureSlide26

Rules of procedure provide a

____________________ in which court cases take place

Provide the way in which the court will try to bring about a resolutionProcedures are aimed at treating both sides ____________

Create at atmosphere of

__________________

so that the decision is followed

Need for rules of evidence and procedureSlide27

Assist the parties in achieving a just outcome

Rule of evidence __________________Rules of procedure should

__________ ____________________

Need for rules of evidence and procedureSlide28

____________________

evidence____________ convictions (unless used as propensity evidence with

permission from the judge)

Irrelevant evidence

______________________

Evidence obtained

__________________

Privileged information

Evidence not admissibleSlide29

Only allow certain types of evidence to ensure a _______________________

Rules of procedure help assist _______ ___________________________

The elementsSlide30

The jury system is

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

Juries