Legal ! (1 Viewer)

[cohenn]

help !
what is the effectiveness of the adversary system ?

 

[munchiecrunchie]

basically how effective the adversarial system of trial is at achieving justice.

points to consider:

- the jury system

- access to legal mechanisms

- comparisions to the inquisitorial system

- can't think of any more but there are lots of points you could talk about.

 

[Aerath]

If you're in Year 12, why are you posting here?
http://www.onlineopinion.com.au/view.asp?article=268
http://en.wikipedia.org/wiki/Adversarial_system

 

[kaz1]

http://en.wikipedia.org/wiki/Adversary_system
and google it

im sure the answer is somewhere there

 

[ccc123]

help !
what is the effectiveness of the adversary system ?

Also:


*consider the fact that the very nature of the system is confrontational. This results in long, drawn out trials which are neither cost nor time efficient. The confrontational aspect also fosters a hostile environment, which is particularly ineffective in family law (because of the emotionalism etc).

*Litigation teams are often guided by the partisan ethic rather than the desire to unmask the truth or the administration of justice, and this sheds doubt of its effectiveness.

*It is also important to consider, as munchiecrunchie said, the problems with the jury system. Should the fate of a person be left in the hands of the inexperienced and easily swayed? With the jury system, it could also be argued that since it is only utlised in <1% of cases, the so-called 'adversarial advantage' (of being judged by one's peers) is practically a fallacy.


*Think about issues of equality and equity as well, because access to the system is largely dependent of financial capacity.

 

[cohenn]

thanks for all ya'll help. =)

does anyone know how the system actually works ?
is there a significant difference between criminal and civil cases ?

 

[Ms. BRIGHTSIDE]

If you're in Year 12, why are you posting here?

Because he asked for help.
Just because it was posted in the Preliminary Forum doesn't mean she shouldn't post, it would probably be better suited in the legal studies forum especially considering the OP does the HSC this year.

thanks for all ya'll help. =)

does anyone know how the system actually works ?
is there a significant difference between criminal and civil cases ?

Wouldn't you have a section on this in your textboook ?
http://www.sasked.gov.sk.ca/docs/social/law30/unit03/03_01_sh.html

 

[cohenn]

i thought i was in the legal studies forum ?
=S

 

[Ms. BRIGHTSIDE]

Nup, it's in the General Discussion on the Preliminary HSC forum.

 

[Aerath]

But if he was in Year 12, it would've made more sense to post it in the General HSC forum, or in the Legal Studies forum (which it is now in).

 

[Seza16]

Wat are you going on about.

The criminal and civil law aren't they different. I thought criminal was based on the basis that people who committed a serious crime such as murder was classified under criminal and civil was basis around e.g. a fued against two people.
Criminal is put in place to protect the community civl i'm not sure i'll have to look back over my notes.

 

[Aerath]

You're right. That's what the site that Ms. BRIGHTSIDE posted above essentially discusses.

 

[Ms. BRIGHTSIDE]

But if he was in Year 12, it would've made more sense to post it in the General HSC forum, or in the Legal Studies forum (which it is now in).

Which is what I said.

 

[ccc123]

Wat are you going on about.

The criminal and civil law aren't they different. I thought criminal was based on the basis that people who committed a serious crime such as murder was classified under criminal and civil was basis around e.g. a fued against two people.
Criminal is put in place to protect the community civl i'm not sure i'll have to look back over my notes.

Yes, they are different:

Criminal Law: law that deals with acts or omissions deemed injurous to society as a whole and punishable by the state.

Civil law: Law that deals with disputes between individual citizens or institutions.


The proceedings in a civil case differ considerably to that in a criminal case. For example, the burden and standard of proof.