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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 of trial is designed to ensure that disputes are resolved by an independent and unbiased adjudicator. The judge serves as an impartial referee, allowing the parties involved to present their cases fully. This system encourages thorough argumentation and ensures that all relevant evidence is brought forward, allowing for a fair determination of the issues at hand. The process places the responsibility of presenting evidence and arguments on the parties, which can lead to a comprehensive examination of the case.
Step 2
Discuss the weaknesses of the adversary system of trial
Answer
However, the effectiveness of the adversary system may be limited. The judge does not actively participate in determining the case's facts; instead, they rely on the presented evidence. This can lead to instances where the outcome is heavily dependent on the skill and resources of legal representation, potentially disadvantaging parties without adequate legal support. Furthermore, the system may result in a focus on winning rather than achieving justice.
Step 3
Discuss the strengths of the doctrine of precedent
Answer
The doctrine of precedent provides judges with flexibility, allowing them to make decisions based on established legal principles. This system helps maintain consistency in the law, as similar cases are treated similarly, which is essential for legal coherence. Moreover, it enables judges to fill gaps in the law by interpreting existing precedents to fit the current case, thus enhancing judicial responsibility.
Step 4
Discuss the weaknesses of the doctrine of precedent
Answer
Conversely, the doctrine of precedent has its limitations. Judges can only apply precedent when cases are brought before them, meaning that if no relevant case exists, they may lack clear guidance. This can result in inconsistencies if judges interpret precedents differently. Additionally, reliance on outdated precedents can perpetuate unjust decisions, as they may not reflect current societal values or needs.
Step 5
Conclusion: Agree or disagree?
Answer
In conclusion, while the adversary system and the doctrine of precedent provide a robust framework for resolving disputes, their effectiveness can vary. I partially agree with the statement, as both systems have strengths that promote justice; however, their weaknesses can limit judges' ability to resolve disputes effectively, particularly in cases where resources and legal representation are unequal.