joe_m_2000 said:
unwritten
passed down through generations
mediation and conciliation
ritual and oral tradition
next question: what is the adversarial system?
Umm i think we've had that question too.......i think......but i'll answer it anyway:
The adversary system is the system used in Australia, which aims to achieve justice. Here opposing parties give their side of the case before an independent third party who, based on the evidence put forward during the trial, decides on the outcome of the case. The burden of proof is placed on the prosecution and must be proved beyond reasonable doubt.
Features of the adversary system are:
- A contest between two parties
- Independent judge and jury
- Finality of the judges decisions, unless subject to appeal
- The presumption that all are equal before the court.
In the adversary system the procedures and rules of evidence are designed to give each side equal opportunity to present their case. Although the adversary system’s role is to provide justice, an accurate verdict and emphasis on procedural rules designed to ensure that the contest between the parties is a fair fight, but there has been criticism of the system.
Next Question:
What is precedent?
