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An Introductory to Law

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An Introductory to Law

Summary: Procedures and roles (court protocols) are set out and need to be followed appropriately in order for the adversary system to work properly. When viewed from court, many will notice, that the Judge and the barrister's wear a wig and a long robe. Others may notice that the judge's seating is raised. This reminds people that the judge has a high status and needs to be treated with respect.


Legal Assignment


When asked the question what is the adversarial system there are many ideas and parts that need to be looked at to fully understand what it is and involves. The adversarial system of law "is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their party's positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case" (Wikipedia, 2006). According to Zariski, (2000) the adversarial system "refers to the common law system conducting proceedings in which the parties and not the judge, have the primary responsibility for defining the issue in dispute and for investigating and advancing the dispute." For the adversarial system to work well it heavily relies upon the active participation of the jury.


An important part of the adversarial system is the role of the jury. According to Heinemann Australian Dictionary (1995:604), a jury is "a group of public people summoned together, to hear a legal case, and give a verdict." According to Woodgate, Black, Biggs, Owens (2002:370), "juries are regarded as impartial fact finders, because they are randomly selected via computer and represent a cross section of the community. In doing so it is hoped that having twelve jurors, rather than one juror making the decision will eliminate any bias or prejudice." Juries play a ...

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