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Adversary System

            There are numerous reasons why people are taken to court; whether it is a civil or criminal matter. But there is only one reason why people are in court and that is because they are there to resolve a dispute. To resolve a dispute, the people of the court must follow a system. There are two different systems, the inquisitorial system and the adversary system. .
             The adversary system is the method used to administer justice in Australia. It requires two opposing parties who argue their versions before an independent and impartial arbiter. The truth is expected to emerge from their arguments. The judge rules on disputed points of procedure and evidence, and may ask questions to clarify the evidence of a witness, but otherwise does not take an active part. At the conclusion of a trial, the judge or the jury delivers a decision.
             Before the case, each party decides whether to take action or defend proceedings, what points to consider and what evidence should be presented. The witnesses are examined orally first by the party who called them and then cross-examined by the other side. This system is from the English common law and is the most common system used in courts today.
             Whether any system is effective could not be told unless we knew for a fact that each prisoner put jail is guilty for the reason they have been imprisoned. However the adversary system is considered to be a very efficient method of finding the truth. .
             Still there are some good and bad points about this method. A condition of the system is that the parties are in control of the case. Since they control the case then they are in control of their own fate. The results of the case therefore, cannot be blamed on other people. If they don't present their case in an effective manner then they may not get the result they wanted. .
             All court proceedings are carried out according to the strict rules of evidence and procedure. This means both parties have equal opportunity to present their case.


Essays Related to Adversary System

1. The Australian Legal System Fails Rape Victims

Similar to many Western countries, Australia uses the adversary system in both criminal and civil cases. The standard of proof of the adversary system in criminal cases is "proof beyond reasonable doubt", and with a nation-wide rape conviction rate of one per cent, many important questions are being raised. ... There are many reasons for this number being so low, the most worrying being "fear of legal system" or at least a lack of faith in it, by victims. ... Most of them do not report their ordeal to the police for this exact reason; "the victims fear the system, the think it will just ...

  • Word Count: 1074
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2. Hong Kong courtroom proceedings ensure a level playing field

The reason being in Hong Kong has established a well-organized legal system procedure. ... However, there are some factors that may affect the fairness and justice such as the professionalism of jury, the misleading in the adversary system and the language barrier. ... The Adversary system An Adversary system is a hearing where the plaintiff and the defendant hold the right to state their argument and ultimately, have the chance to win the trial . ... However, I think that this system contains certain unfair elements. ... Hong Kong legal System is largely based on a strong jurisdiction, and w...

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3. Lockheed Martin - Encryption and Decryption

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  • Word Count: 1915
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4. Art or no art?

Those adversaries, who want to diminish the art programs in schools believe that a child's education should not permit individual creativity and self expression. ... But, many Adversaries believe that this is the reason why art education should not be offered. ... (Tinley) Even though it is difficult for teachers to integrate the arts into their lessons, many find ways around the system and use forms of art to help students understand and enjoy the subject matter. ... The importance of art education has been and will be an ongoing topic of discussion and debates in the United Stat...

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5. One-child Policy

This feature of their culture is promoted by the idea that the son will act as a security system in the couples old age (Jowett). The security system does not work if a daughter is born because she will marry into another family. ... Adversaries of the one-child policy ague that couples are choosing to have no children instead of one, which will in turn harm the national economy. ... Adversaries of the policy believe that the factor of having few children will hurt the economy in the long run. ...

  • Word Count: 702
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6. One Child

This feature of their culture is promoted by the idea that the son will act as a security system in the couples old age (Jowett). The security system does not work if a daughter is born because she will marry into another family. ... Adversaries of the one-child policy ague that couples are choosing to have no children instead of one, which will in turn harm the national economy. ... Adversaries of the policy believe that the factor of having few children will hurt the economy in the long run. ...

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7. The Learning Organization - Systems Thinking

Systems thinking tools a. ... System archetypes IV. ... Removing one part of the system changes the nature of the system. ... They are Fixes that Backfire, Limits to Growth, Shifting the Burden, Tragedy of Commons and Accidental Adversaries. ... Systems" thinking helps to create a story of how a system works. ...

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8. Government and the Two Party System

During the time period between 1791 and 1833, a two-party system had begun that demonstrated the philosophy of the Federalists and Democratic-Republicans. ... So, by the final opinion of the War of 1812, both political parties had regulated their core beliefs to the point that their belief systems had practically switched roles. ... President Jackson's political adversaries branded him "King Andrew" or "King Veto" because of the uncommon and bizarre power he seemed to be maintaining (Doc. 7). The two-party system changed greatly from 1791 to 1833. ... By the period of...

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9. Tony Blair

The reason for this, as Della Porta and Mario Diani argued in 1999, is because "identity helps actors to identify their allies and adversaries." ... This collective subject, he said, sees itself as the bearer of common values and interests, and this bearer then defines its adversaries in terms of these. ... So if we combine these ideas, we could say that the social movement and its adversary operate within a symbiotic system of influence and change. This system, however, cannot be simply termed using concepts of light and dark, or black and white. ... This third group becomes intrinsic to ...

  • Word Count: 1466
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