Adversary System of Trial

True or False:

In the adversarial system, the role of the judge is

to argue the case for the prosecution.

• True

• False

The standard of proof in a CRIMINAL case is...

• Beyond reasonable doubt

• Balance of probabilities

The standard of proof in a CIVIL case is...

• Beyond reasonable doubt

• Balance of probabilities

Australia’s legal system is described as an adversary system.

This means that it is a system of law where …

• … two opposing parties present their cases to an impartial judge or jury

• … only one party has the right to seek a lawyer to represent them

• … the resources, skills or knowledge of the Prosecution and Defence must be equal

• … the judge investigates the matters under examination

Which of the following are elements of an effective legal system (select all that apply)?

• Entitlement to a fair and unbiased hearing

• Effective access to the legal system

• Timely resolution of disputes

• A right to legal representation

Which of the following is NOT true?

• The adversary system is the system of trial used by most courts in Australia

• The adversary system involves two adversaries putting an argument to an independent umpire who will decide which side is in the right and which side is wrong

• The adversary system is a contest where parties fight to win

• The adversary system is only used in criminal trials in Australia

True or False:

In the adversarial system, the role of the judge is

to argue the case for the prosecution.

• True

• False

Which of the following characteristics are not appropriate

for a judge in the adversary system?

• Independent

• Opinionated

• Unbiased

• Passive

In most Australian courts, the burden of proof is on the plaintiff or prosecution.  The standard of proof required in a criminal matter is…

• … on the balance of probabilities

• … beyond reasonable doubt

• … if the judge thinks there’s any evidence to support a prosecution

• … the same as for a civil matter

The role of a client’s lawyer in the adversarial system is to… (select all that apply)

• … represent the interests of their client

• … prepare and present their client’s case to the court

• … assist the just in determining issues that require investigating

• … present their client’s position to the court even if they know it is not true