Essay Legal: Common Law and Present Arguments

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Evaluate the effectiveness of the Adversarial system in achieving Justice
The adversarial system of trial was developed by the British in 1743 as a system of trial. The adversarial system was adopted by Australia. Australia adopted this system of trial as Britain colonised Australia in the 19th century. Britain brought with it a system of law known as ' common law' ". As the name suggests, the adversarial system in Australia refers to a method of trial, which involves contestants or adversaries, that is, it is an adversarial approach in attempting to resolve legal issues between two opposite sides. There are five features of the adversarial system in Australia contest, party control, and strict rules of evidence and procedures role of the judge or magistrate and single event trials. The strengths and weaknesses of the adversarial system, which has evolved throughout history, are mixed, and as a result the question of whether this system provides justice is often challenged. It is likely to test the strength of arguments and find out the truth. Each side is given equal opportunity to present arguments for their case and to critically question the arguments of the opposition through the process of witnesses being examined-in-chief, cross-examined. The truth is eventually reached because the desire to win the battle will ensure that the truth is brought out to the court in the end. Unlike the inquisitorial system used in European countries, in the adversarial system, the judges are not expected 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. Legal representatives have a priority duty to the court. Although they are obliged to present their client’s case in the best possible light, they cannot mislead the court by making allegations they know are false or by deliberately failing to inform the court of a precedent relevant to the case. Theoretically it covers all the relevant fact through reasoning of two separate arguments that a stronger claim if existed is right. These cases are decided more subjectively. The adversary system is slow which means that too many people are denied justice for too long because the adversary system tends to lengthen the trial process. Justice delayed is justice denied! This system is too expensive. The high costs of legal advice and legal representation can seriously delay those who cannot afford it. The higher costs prevent some people from enforcing there rights towards a court. There is an importance on
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