Adversarial System Overview Quiz

Questions and Answers

What is the Adversarial system?

A legal system based on the principle that justice is best served by allowing competing parties to present their arguments to an impartial third person for adjudication.

Where is the Adversarial system used?

In common law countries such as United Kingdom, the United States, New Zealand and Australia.

What is the role of the parties in the Adversarial system?

Adversarial system allows parties to have considerable control over the preparation and presentation of their cases.

Match the following roles of the parties in the Adversarial system with their descriptions:

Investigation of facts = The nature and extent of the investigation to be undertaken of the facts of the case Forensic testing = The forensic testing of materials Consultation = Consultation with doctors and other specialists Witnesses = Whether to call witnesses Examination strategies = The strategies for examination-in-chief and cross-examination of witnesses Legal issues = The legal issues to be presented to the court when assessing questions of fact Appeals = Whether to appeal to a higher court after the trial Signup and view all the answers

What are the advantages of the Adversarial system? (Select all that apply)

People can take full responsibility for the conduct of their own case Signup and view all the answers

What are some disadvantages of the Adversarial system? (Select all that apply)

The average person has difficulty understanding the process Signup and view all the answers

Study Notes

Adversarial System Overview

A legal framework emphasizing justice through competitive arguments by opposing parties.
Relies on an impartial third party for adjudication of disputes.

Jurisdiction

Commonly employed in countries following common law traditions: United Kingdom, United States, New Zealand, and Australia.

Role of the Parties

Significant authority in preparing and presenting their case.
Each party is responsible for investigating case facts, forensic testing, and consulting experts.

Party Responsibilities

Determine the scope and depth of factual investigation.
Manage forensic analysis and expert consultations.
Decide on the inclusion of witnesses and develop examination strategies.
Present pertinent legal issues to the court regarding factual assessments.
Choose to appeal to higher courts if necessary post-trial.

Advantages of the Adversarial System

Promotes personal responsibility for case conduct by litigants.
Ensures consistency through established evidence rules and procedures.
Judicial impartiality mitigates bias and preconceptions during case handling.

Disadvantages of the Adversarial System

Strict evidence and procedural rules can confuse the average individual.
Public confidence may diminish due to perceptions of judges being disconnected from contemporary societal values.
Judges, despite their expertise, have a passive role that might not always support justice effectively.

Description

Test your knowledge of the adversarial legal system, which emphasizes justice through competitive arguments by opposing parties. This quiz covers key aspects including jurisdiction, party responsibilities, and the advantages of this framework. See how well you understand the common law traditions of various countries.