The Elements Of The Adversarial Trial System

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Adversarial Trial System

Australian courts use the adversary system of trial when resolving disputes. It is a system based on the notion of two adversaries battling in an arena before an impartial third party, with the emphasis on winning.

Elements of the adversarial system
The role of the judge
The role of the parties
The role of legal Representation
Burden and standard of proof
Rules of evidence and procedure

Role of the judge
Acts as an umpire. Is independent and impartial.
Make sure both parties follow the rules of evidence and procedure.
Deem whether or not the evidence is admissible or inadmissible.
Ensures both parties have equal time to present their cases.
Responsible for instructing the jury regarding the application of law.
Determines verdict and hands down sanctions if there is no jury.
They have a passive role. They have legal knowledge and expertise but they are there to fairly oversee and adjudicate the trial.

Role of the parties
Parties have complete control over the preparation/presentation of their case.
Parties decide which arguments they will present , which points of law should be considered and which witnesses to call.
In criminal law, the initiating party is the prosecution. The accused has an opportunity to plead guilty or not and then present their account.
In civil law, initiation party is the plaintiff and they can choose which court will hear their case and if there is a jury.
Parties have an active role in the system.

Role of legal

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