1. Also known as the ‘accusatorial’ system.
The Adversary System
Also known as the ‘accusatorial’ system.

2. The role of the Parties
The individuals are responsible for initiating the case:
In CIVIL cases the plaintiff and the defendant are responsible for determining whether the case should go to court. The plaintiff will issue a writ or summons. It is then up to the defendant to complete a ‘Notice of Appearance’.

3. The Role of the Parties 2. Decide the Facts and Issues:
The burden of proving the facts is on the plaintiff who brings the case to court. A defendant who has chosen to contest their case will get the opportunity to present their case.
Each party (usually represented by legal representatives) decides which arguments they will rely on and selects any supporting evidence to present to the court.

4. The Role of the Parties
2. Decide the Facts and Issues: During the hearing, the parties present submissions concerning points of law ans outlining the precedents that the court should apply. Witnesses are examined, cross-examined and re- examined.

5. The Role of the Parties
3. Role in determining the time, place and mode of trial:
In a civil case the plaintiff may nominate the court

6. The Role of the Parties 4. Presenting their case in court
Each party is responsible for presenting their case to the court, although most people opt for legal representation to ensure an equal battle between lawyers.

7. Burden and Standard of Proof
The burden of proof means who has to prove the case
The standard of proof means the degree of certainty to which the contested facts must be established to be accepted as proved.

8. The Burden and standard of proof
In criminal cases the prosecution has the burden of proof and must prove their cases BEYOND REASONABLE DOUBT
In civil cases the plaintiff has the burden of proof. The plaintiff must supply sufficient evidence to prove on the BALANCE OF PROBABILITIES

9. Role of the Judge Deciding the admissibility of evidence
The role of the judge is to decide what evidence can be heard and what must be left out according to the rules of evidence.

10. Role of the judge The selection and empanelling of a jury
In civil cases, one of the parties must request a jury, otherwise a single judge will hear the dispute.
The party who opts to have a jury has to pay the costs of empanelling a jury.

11. Role of the judge The selection and empanelling of a jury
A judge’s associate will select 12 jurors from a ballot box. Both sides can strike out 3 jurors each from the list, the remaining 6 will be the jury panel.
In civil cases, the jury not only determines the verdict but also the damages awarded (If there is no jury, a judge will determine the verdict and remedies).

12. The role of the judge Safeguarding the rules of procedure
The judge must ensure that all parties adhere to the rules of procedure to guarantee that each has an equal opportunity to present their case
Deciding the remedy
In civil cases either the judge or the jury can decide the remedy

13. The role of the Judge
The judge is not allowed to intervene unnecessarily. The Judge may only ask questions to seek further clarification. This ensures the judge is impartial.

14. Rules of evidence and procedure
Rules of procedure:
All cases are presented before the court are dealt with uniformly and coherently. This ensures consistency and equality.
Deciding all questions of law
Which laws are relevant and apply to the case.

15. Rules of procedure: 3 Stages of questioning
1. Examination-in-chief:
Plaintiff’s legal counsel asks plaintiff and associated witnesses questions
Purpose:
The purpose of this stage is to outline the claims made against the defendant.

16. Rules of procedure: 3 Stages of questioning
2. Cross examination:
The legal counsel for the defence has an opportunity to ask the plaintiff questions.
Purpose:
The purpose of this stage is to find flaws in the plaintiff’s case by testing the evidence

17. Rules of procedure: 3 Stages of questioning
3. Re-examination:
Legal counsel for the plaintiff can question their witness again.
Purpose:
The purpose of this stage is to rectify any problems or clarify any issues that arose during cross examination.
*Every witness is subject to the 3 stage questioning process*

18. Rules of evidence
Because the jury consists of lay people with no formal legal training, the rules of evidence is in place to protect juries from unreliable forms of evidence
All evidence must be:
Relevant to the facts in issue
Legally obtained (Eg warrant)
Reliable (given orally in court and subject to cross- examination)

19. Rules of evidence Lawfully obtained
Testimonies and evidence.-warrants etc
Relevant
Hearsay evidence
Excluded as a person’s word may be distorted in the retelling (Chinese whispers)
Admission and confession
Admittance is not disputing a fact, confession is accepting liability. The wrongful admittance of evidence is grounds for appeal.

20. The rules of evidence Experts
Witnesses can only give evidence regarding facts they know to be true. They cannot give their opinion. Expert evidence consists of educated inferences.
Character
Evidence regarding the character of the defendant is generally considered to be inadmissible, as this may unfairly prejudice a jury.