1. The Adversary System

2. Role of the Adversary System
To provide a ___________ for disputing parties to present and _________ their cases in as ________________________________________
Controlled by _____________________ ________________________________

3. Features of the Adversary System
Major features of the adversary system
___________________________

4. Role of the parties
___________________ 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
___________________________

5. Role of the parties 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 __________________________
___________________________________________________

6. Role of the parties Parties are also responsible for
Deciding whether to have a _____________________________________________
Choosing whether to have _________________
_______________________

7. Role of the parties
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 – ______________________

8. The elements In civil cases – it means that cases can be resolved
But it makes the process expensive – which means that not everyone has __________________________________________________________________________________________

9. Role of the Judge
__________________________________ Ensures the court processes and procedures are carried out according to the rules of evidence and procedure
May only ask questions to clarify matters
______________________________

10. Role of the judge Decides
______________________________________________
_______________________________________________
____________________________where there is one
Decides the __________ _____of a case where there is ___ jury

11. Role of the Judge
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

12. The elements
The impartial, independent judge ensure a _____________________________________________

13. Burden and Standard of Proof
Burden of proof lies __________________________________________
Criminal – ________________________
Civil – ___________________________
Person who brings the case must prove the other party _______________________________________________

14. Burden and Standard of Proof
Criminal – _______________________
Civil – ___________________________

15. Burden and Standard of Proof
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

16. The elements
Burden and standard of proof ensure a ____________________________________________

17. Need for legal representation
_____________________– 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

18. Need for legal representation
__________________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 ________________

19. Need for legal representation
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

20. The elements
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 __________ ___________________

21. The elements
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

22. Need for rules of evidence and procedure
Evidence is concerned with __________ _______________
Rules of evidence aim to ensure fair and equal treatment

23. Need for rules of evidence and procedure
Evidence can be
________ – given by witnesses
____________________(called an affidavit)
_____________ – murder weapons, photos diagrams, tape-recording
______________________
(called circumstantial
evidence)

24. Need for rules of evidence and procedure
Adversary system relies more heavily on _______ evidence given by witnesses than documentary evidence

25. Need for rules of evidence and procedure
Rules of evidence are primarily for the protection of the parties
Ensure that
_____________________________________
_____________________________________ _____________________________________

26. Need for rules of evidence and procedure
Rules of procedure provide a ____________________ in which court cases take place
Provide the way in which the court will try to bring about a resolution
Procedures are aimed at treating both sides ____________
Create at atmosphere of __________________ so that the decision is followed

27. Need for rules of evidence and procedure
Assist the parties in achieving a just outcome
Rule of evidence __________________
Rules of procedure should __________ ____________________

28. Evidence not admissible
____________ convictions (unless used as propensity evidence with
permission from the judge)
Irrelevant evidence
______________________
Evidence obtained __________________
Privileged information

29. The elements
Only allow certain types of evidence to ensure a _______________________
Rules of procedure help assist _______ ___________________________

30. Juries
The jury system is NOT a feature of the adversary system – it is an entirely different system!