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Discuss the extent to which the adversary system achieves one of the elements of an effective legal system - VCE - SSCE Legal Studies - Question 13 - 2013 - Paper 1
Question 13
Discuss the extent to which the adversary system achieves one of the elements of an effective legal system. In your answer, compare two features of the adversary sys... show full transcript
Worked Solution & Example Answer:Discuss the extent to which the adversary system achieves one of the elements of an effective legal system - VCE - SSCE Legal Studies - Question 13 - 2013 - Paper 1
Step 1
Discuss the extent to which the adversary system achieves one of the elements of an effective legal system
Answer
The adversary system is designed to provide justice through a contest between opposing sides, allowing them to present their case and evidence to an impartial judge or jury. This system embodies several key elements of an effective legal system, such as fairness, access to the law, and timely resolution of disputes. One crucial element that can be analyzed is 'fair and unbiased hearing.' In the adversary system, parties have robust legal representation which can impact the fairness of the outcome considerably. Both parties aim to outdo each other in presenting evidence, which might inadvertently exclude some relevant information. This contrasts with the inquisitorial system, where the judge plays a more active role in investigating the case and is responsible for gathering evidence, leading to a more balanced presentation of facts.
The effectiveness of achieving fair hearings can be influenced by the quality of legal representation. In the adversary system, access to a competent lawyer can vary significantly, raising concerns about equality before the law. The inquisitorial system, however, often mandates legal representation for all parties involved, potentially addressing disparities in access and ensuring a more uniform application of justice.
Step 2
Compare two features of the adversary system with the inquisitorial system
Answer
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Legal Representation: In the adversary system, parties are responsible for their own legal representation, which can lead to unequal outcomes based on the quality of the lawyers involved. This can result in inconsistencies where better-resourced parties achieve more favorable outcomes. In the inquisitorial system, however, legal representation is typically guaranteed, reducing disparities between the parties.
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Role of the Judge: In the adversary system, the judge acts more as an impartial referee, ensuring that the trial proceeds according to procedure but not intervening extensively in the facts presented. This can create bias toward how evidence is presented based on the parties' arguments. Conversely, in the inquisitorial system, the judge actively investigates and gathers evidence, leading to a more thorough examination of the facts and ensuring that all relevant information is considered, thereby enhancing the fairness of the process.