Adversarial System in WA

Which of the following is NOT a role of the judge in an adversarial system of trial?

• To ensure the rules of evidence and procedure are followed

• To decide questions of law by determining what law will be applied to the case

• To decide the sanction or remedy in a post-trial hearing

• To decide questions of fact and determine the verdict if there is a jury present

The degree of certainty required and the level of evidence required to prove a case in an adversarial trial refers to:

• The burden of proof

• The standard of proof

• The presumption of innocence

• The onus of proof

In an adversarial trial, the role of the judge regarding the evidence presented at trial is to:

• investigate further evidence to be presented at trial if insufficient evidence is present

• Liaise with the Prosecution to rule which evidence will best find the accused guilty

• To decide which evidence will best suit the case and determine the truth

• to rule whether evidence is admissible in court or not

Who has the burden of proof in a civil trial?

• The Prosecution

• The Defendant

• The Plaintiff

• The Accused

In an adversarial trial which is something the parties to the case are NOT responsible for?

• Parties are responsible for deciding which evidence is presented in the case by ruling on its admissibility to best present their case

• Parties are responsible for instigating the proceedings in a civil case and giving their plea in a criminal case

• Parties are responsible for investigating the facts of the case and deciding what facts are brought before the court

• Parties are responsible for deciding whether or not to have a jury and to choose your legal representation

If a jury is present in a criminal trial, their role is to:

• Decide the sentence of an accused after they have been found guilty

• Act as an impartial adjudicator of the facts to give a verdict of guilty or liability

• Publish their ratio decidendi (reasons for deciding) so parties to a case may base their appeal on their reasons

• Base their verdict of guilt or liability on the evidence presented outside of court and in the media

Which is not one of the rules of evidence used in Western Australian trials?

• Relevance

• Hearsay

• Opinion

• Speculation

The rule that witnesses can only report observed facts as evidence, not their personal views, unless you are an expert is known as:

• Hearsay

• Circumstantial Evidence

• Opinion

• Speculation

Surrounding events or details may allow a particular conclusion to be developed by a reasonable person. This is related to the rule of:

• Hearsay

• Circumstantial evidence

• Relevance

• Speculation

The rule involving evidence being required to be applicable to the case and necessary to establish an act or inaction by a party to the case is known as:

• Relevance

• Circumstantial evidence

• Hearsay

• Speculation