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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 grounded in the principles of contestation, where each party presents their case to an impartial judge or jury. One of the elements of an effective legal system is fairness, which is achieved through the adversarial process. Legal representation ensures that both parties can present their evidence and arguments, contributing to a balanced and equitable outcome.
However, this system can be critiqued for potentially favoring those with greater resources. Access to quality legal representation can create disparities, impacting the overall fairness of the process. In contrast, the inquisitorial system, where the judge plays a more active role in investigating the case, can help mitigate this issue by ensuring all relevant evidence is considered regardless of the parties' financial capabilities.
Step 2
Compare two features of the adversary system with the inquisitorial system.
Answer
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Role of the Judge: In the adversary system, the judge acts as a neutral arbiter, making decisions based on the submissions presented by the parties. Conversely, in the inquisitorial system, the judge is actively involved in investigating the case, guiding the proceedings, and ensuring that evidence is thoroughly examined.
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Access to Legal Representation: The adversary system relies heavily on the assumption that all parties will have equal access to legal representation. This may not always be true, as some parties might lack the resources to secure competent representation, leading to an unfair advantage. In contrast, the inquisitorial system typically provides more structured support to ensure that legal assistance is available to all parties, thereby enhancing fairness and transparency.