The Adversary System Essay Example

trial, prevalent in civil law nations like France and Germany, exhibits varying characteristics depending on the country. Nonetheless, it generally entrusts the judge with control over investigations and examination of evidence. The judge also assumes responsibilities in pre-trial procedures such as witness questioning, application of the law, and decision-making. In this type of trial, the primary focus lies in actively seeking the truth rather than strictly adhering to evidentiary rules. Witnesses can present their testimonies based on the judge's inquiries and often rely on written statements. Moreover, innocence may potentially be established prior to the trial commencement, enabling witnesses to express themselves without constraint.

Any evidence that assists in revealing the truth is allowed. The proceedings can be delayed to allow for further examination of the matters in question, while the adversary system remains ongoing. When the judge takes on a more active role, there is less dependence on legal representation by the parties involved. Instead, it is the judge who holds authority over their case. There is no specific burden or standard of proof; rather, the main focus is on uncovering the truth.

The potential enhancements for the adversary system are as follows:

1. Greater role of judge or magistrate
2. Greater availability of legal aid
3. More use of written statements
4. Witnesses able to tell their own story
5. Reduce delay
6. Judges to ensure out of court settlements are fair

The Adversary System, utilized in common law court systems, entails two opposing parties engaging

in a verbal conflict to determine the truth. Throughout this process, an impartial body supervises the proceedings.