legal studies. help. (1 Viewer)

[heavenli_kisses]

ive just changed subjects and im doing legal studies now. i was wondering if anyone knew what the definition for an adversarial system is? and what kind of system australia follows? and do you know any examples of a case that can be heard in a adverserial court? thanks alot. =P

 

[c_james]

The adversial system, or adversary system as it's also know, is the system which settles disputes by one party lodging a complaint against another, a la plaintiff (person who brings forth the complaint) versus defendant (person who the complaint is being brought forth against).

Australia uses the adverserial system - in civil cases, it is one party vs. another (e.g. Smith vs. Cook) and in criminal cases it is one party vs. the state/commonwealth (e.g. Smith vs. NSW).

All cases held in Australian courts are adversial, and even arbitration, etc. could be considered adversial.

Many, however, disapprove of the system because it does not seek to find the truth per se - more often, lawyers and barristers can spin webs of lies to hide the truth behind mountains of red tape.

 

[**freakstar87**]

do you mean adversary system? well if you do then
it is a system of a common law trial in which the parties (the plaintiff and the defendent) are opposing one another and are themselves responsible for the presentation and conduct of the case. in this type of system, justice is obtained by the opposing parties through the legal council (ie: the judge and other members in the courtroom) by testing each other's evidence. in this case the accused is innocent till proven guilty so it is also less biased.

the australian law (particularly the common law) is followed (developed actually) from the british/Westminister system. i'm not sure about the present law but that's what i've been taught so far in legal.

EDIT:a good example is the Blomley vs. Ryan case concerning with contract law. this example is shown in your Heinemann txtbook if that's what you're using at your school
hope the info is good enough for you.

 

[santaslayer]

the word adversary and adversarial are pretty much the same arnt they?.....arnt they interchangeable?

 

[santaslayer]

Originally posted by c_james
The adversial system, or adversary system as it's also know, is the system which settles disputes by one party lodging a complaint against another, a la plaintiff (person who brings forth the complaint) versus defendant (person who the complaint is being brought forth against).

Australia uses the adverserial system - in civil cases, it is one party vs. another (e.g. Smith vs. Cook) and in criminal cases it is one party vs. the state/commonwealth (e.g. Smith vs. NSW).

All cases held in Australian courts are adversial, and even arbitration, etc. could be considered adversial.

Many, however, disapprove of the system because it does not seek to find the truth per se - more often, lawyers and barristers can spin webs of lies to hide the truth behind mountains of red tape.

yea and expanding on that, because the adversarial system is charcterised by the need for cross examination, proves to be faulty by many critics coz it does not allow some important evidence to be presented......if it is not asked or cross examined, then this evidence will never come to light