The Adversary Legal System In Australia

As the name suggests, the foe system in Australia refers to a regularity of trial, which involves competitionants or adversaries, that is, it is an adversarial approach in attempting to resolve intelligent issues among devil opposing sides. There ar five features of the opposition system in Australia; contest; political party match; strenuous rules of evidence and mental processs; role of the judge or magistrate and hit core trials. The strengths and weaknesses of the adversary system, which has evolved through out history argon varied, and as a result the question of whether this system provides nicety is a lot challenged. Unlike the inquisitorial system numeric functiond in European countries, in the adversary system, the adjudicate are not pass judgment to conduct an investigation into the facts of the vitrine to reach the truth. Instead adversary judges rely on the shift presented by the two opposing sides. This contest among the two parties is based on the belief that a contest is more likely to kick in out the scoop up in the parties and make them strive to win. If two sides are trying their hardest the truth is most likely to be uncovered. The concept of party control is an important feature of the adversary system.

Because magistrates or judges have a very resistless role in adversary trials, the case is totally leftover in the men of the two parties. Both parties have closely complete control over the decisions about how the case volition be run, much(prenominal) as tactics they will use to win the case, as long as the rules of evidence and procedure are followed. This is a strength of the adv! ersary system because it allows the parties to recover that they are in control of the situation and responsible for the outcome. It in any case satisfies the competitive, or combative spirit. Someone who can... If you want to get a full essay, order it on our website: OrderCustomPaper.com

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