The adversarial system is defined as a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case.
The Key features of the adversary trial are the role of the parties, the role of the judge, the need for legal representation, the rules of evidence and procedure and the burden and standard of proof.
The advantage of the role of the parties is that you have control of your own case. You get to decide how to investigate the case, how many witnesses to call in a hearing or trial, what sort of evidence to bring out, whether to have legal representation, the method employed to bring out evidence. Parties are more likely to be satisfied with the outcome of their case if they are in charge of it. Being in control of your own case, you may do everything possible to win the battle.
The role of the judge is an important part of the adversary system. The judge’s role is to ensure a just outcome and conduct the case in accordance to the laws and regulations, and provide equal treatment to both sides. The advantage of having a judge is that it allows there is an impartial party to deliberate a fair outcome based on the cases presented. The use of an impartial decision maker is allows the public to feel more confident in the outcome of the case.
In a trial it is strongly recommended that you have legal representation. Having legal support will help you obtain the best outcome possible and ensure that you are treated equally and fairly during the case.
Another advantage of the adversary system is that it relies on oral evidence. When giving evidence in court, it must be given orally. When this is performed it allows judges, the jury and magistrates to see whether the witness is telling the truth and observe body language.
The burden and standard of proof are an advantage of the adversary system. In criminal proceedings the