1. The adversarial trial model
Chapter 5
The adversarial trial model

2. Chapter overview The adversarial system
Roles in the adversarial system
Criminal law
Civil law

3. The adversarial system
Two parties present case to a judge. Strict rues of evidence applied
Differences between criminal and civil:
Criminal - prosecution brings action against defendant. Burden of proof rests with prosecution
Civil - plaintiff has burden to prove that the defendant has violated his/her rights. The defendant tries to disprove allegations.
Both can appeal

4. Roles and rules in the adversarial system
The role of the judge
The role of the jury
Empanelment of the jury
The role of the jury in a trial
The parties
In criminal law
In civil law
Appeals
The role of legal representation
Rules of evidence
Rules of procedure

5. Criminal law Pre-trial procedures (see diagram slide 6)
Criminal offences & procedures
Criminal trials
Examination in chief
Cross-examination
Re-examination
Criminal appeals (see diagram slide 7)
Sanctions

6. Criminal pre-trial procedures Figure 5.1

7. Criminal trial procedure Figure 5.2

8. Civil law Traditional pre-trial civil procedures Pleadings
Discovery
Interrogatories
Certificates of readiness
Out of court settlements
The civil trial
Damages, specific performance, injunction, rescission (see diagram slide 9)

9. Civil trial procedure Figure 5.3

10. ... Remedies Compensatory damages or ordinary damages
Specific damages
General damages
Non-compensatory damages
Nominal damages
Exemplary damages
Contemptuous damages

11. ... Other remedies Specific performance Injunction Rescission
Restitution

12. Chapter review The adversarial system Roles in the adversarial system
Criminal law
Civil law