The Adversary Legal System In Australia

As the name suggests, the foe system in Australia refers to a regularity of trial, which involves contendants or adversaries, that is, it is an adversarial approach in attempting to resolve sanctioned issues among devil opposing sides. There are five features of the opposite system in Australia; contest; caller match; saturated rules of evidence and mental processs; role of the judge or magistrate and outcome-by- result core trials. The strengths and weaknesses of the adversary system, which has evolved through out history are varied, and as a result the question of whether this system provides referee is a lot challenged. Unlike the inquisitorial system numerical functiond in European countries, in the adversary system, the resolve are not pass judgment to conduct an investigation into the facts of the case to reach the truth. Instead adversary judges rely on the case presented by the two opposing sides. This contest amid the two parties is based on the bel ief that a contest is more likely to kick in out the stovepipe in the parties and make them strive to win. If two sides are seek 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 hand 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 adversary system because it allows the pa rties to recover that they are in control o! f 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: OrderEssay.net

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