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‘Judges can resolve disputes effectively because the adversary system of trial and the operation of the doctrine of precedent work well.’ Discuss the extent to which you agree or disagree with this statement. - VCE - SSCE Legal Studies - Question 12 - 2016 - Paper 1
Question 12
‘Judges can resolve disputes effectively because the adversary system of trial and the operation of the doctrine of precedent work well.’ Discuss the extent to whic... show full transcript
Worked Solution & Example Answer:‘Judges can resolve disputes effectively because the adversary system of trial and the operation of the doctrine of precedent work well.’ Discuss the extent to which you agree or disagree with this statement. - VCE - SSCE Legal Studies - Question 12 - 2016 - Paper 1
Step 1
Discuss the strengths of the adversary system of trial
Answer
The adversary system promotes an independent and unbiased assessment of disputes, with judges serving as neutral arbiters. The parties involved have complete control over their cases, allowing them to present evidence and arguments effectively. This system ensures that both sides have the opportunity to challenge each other's positions, contributing to a fair trial. Furthermore, the parties are equipped to select their representatives, which can enhance the quality of legal arguments presented.
Step 2
Discuss the weaknesses of the adversary system of trial
Answer
However, the adversary system also has weaknesses. The effectiveness of judges can be contingent upon the quality of legal representation. If one party lacks adequate legal support, it may lead to unfair outcomes. Additionally, the system may not always ensure the correct formulation of issues for resolution, as judges often rely on the parties to present the case. This may limit their role in guiding legal interpretation.
Step 3
Discuss the strengths of the doctrine of precedent
Answer
The doctrine of precedent enhances judicial consistency, providing flexibility as judges can apply general principles to specific cases. This approach aids in avoiding rigidity, allowing courts to adapt the law to evolving circumstances. By distinguishing and overruling previous decisions, judges maintain judicial dynamism while fostering stability in the law.
Step 4
Discuss the weaknesses of the doctrine of precedent
Answer
Nevertheless, the doctrine of precedent has limitations. Judges can only interpret the law based on cases brought before them. If issues arise without relevant cases, the law remains static until challenged. Furthermore, the reliance on historical decisions can inhibit judicial creativity; judges sometimes feel constrained by past rulings, limiting their ability to provide contemporary guidance.
Step 5
Conclude on the effectiveness of judges in resolving disputes
Answer
In conclusion, while judges can effectively resolve disputes through the adversary system and the doctrine of precedent, their effectiveness is significantly influenced by the quality of representation and the existing legal framework. Issues such as party representation and the limitations of precedent should be acknowledged when assessing the overall efficacy of judicial resolutions.