...ADVERSARY SYSTEM vs. CIVIL LAW METHOD “The goal of both the adversarial system and the inquisitorial system is to find the truth. But the adversarial system seeks the truth by pitting the parties against each other in the hope that competition will reveal it, whereas the inquisitorial system seeks the truth by questioning those most familiar with the events in dispute. The adversarial system places a premium on the individual rights of the accused, whereas the inquisitorial system places the rights of the accused secondary to the search for truth.” This, taken from a website I found on a comparison of the adversary system vs. the inquisitorial (or civil) system of justice. By definition, theadversary system isthe system of law that relies on the contest between each advocate representing his or her party's positions to an impartial person or group of people, usually a jury or judge, trying to determine the truth of the case. By contrast, in the inquisitorial system, the judgeactively steers the search for evidence and questions the witnesses, including the respondent or defendant. Attorneys play a more passive role, suggesting routes of inquiry for the presiding judge and following the judge's questioning with questions of their own. The questioning done by the attorney is often brief because the judge tries to ask all relevant questions. With the adversarial system of law, the side with the “best case” or best presentation to the court usually prevails. During this process...
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...Assignment 1 The adversary system of law is the system of law that relies on the contest between each advocate representing his or her party’s positions and involves a judge or jury, trying to determine the truth of the case. This system is generally adopted in common law countries. The adversary system is the two sided under which criminal trial courts operate that pits the prosecution against the defense. Justice is done when the adversary is able to convince the judge or jury that his or her perspective on the case is correct. In Betts v. State, 225 P.3d 1211 (Kan. Ct. App 2010). Betts was convicted of first degree murder and the underlying claim is that he was denied his sixth amendment right to effective counsel. Betts raised many issues in his direct appeal including his claim of ineffective assistance of trial counsel. Specifically, Betts alleged that his trial counsel failed to interview and call certain witnesses, failed to confer with him in any reasonable way prior to trial, failed to make an opening statement, and failed to file any pretrial motions. The Supreme Court rejected Betts' claims and affirmed his conviction. Civil law system originated in Europe and conceptually civil law proceeds from abstractions, formulates general principles and distinguishes substantive rules from procedural rules. When dealing with civil law one should keep in mind the difference between a statue and a codal article. The marked feature of civilian systems is that they use codes...
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...1) Although the “adversary system” used in the United States is not perfect, and is open to the judges interpretation of the law, at times subject to manipulation by rogue officers of the court, and does not always arrive at the truth, I believe that it is the best system of jurisprudence anywhere. Procedure in the adversary system in the United States is dependent upon case law and precedent from prior litigated cases. There are times when the system fails and there are guilty verdicts for innocent defendants, but as a whole, the system has stood the test of time. One can best describe the civil law system as an inquisition with both sides working together throughout the process with one goal in mind, to find the truth. One can describe the adversary system as a contest pitting adversaries against each other with one goal in mind, to win the case, and have their adversary lose the case. Although an attorney working under the adversary system of jurisprudence has an obligation to present truthful information to the courts, one has no general duty to promote truth, justice, or the other side’s interests. Again, the adversary system does not always render a result of truth, and innocent defendants may be subject to sanctions and punishments that are not equitable. Because of certain rights afforded to citizens of the United States through Constitutional Amendments, Rules of Court Procedure, and statute, we could not participate in a “civil law” system of jurisprudence....
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...Many Continental European systems use the "civil law" method. Under that system, all the lawyers in the case are responsible to help in the "search for the truth." If one lawyer has information that would help the other side or comes to agree with the other side's view, he or she has the right and/or duty to say so. Which system do you think is more effective and why? Also, do you see any constitutional problems with applying the civil law system to the U.S.? For this assignment, in addition to answering the above questions, I would like you to find at least one case (which can be done most easily from Lexis) in which the limits of the adversary system were discussed or tested. The subject matter of the case itself can be anything, but the focus should be whether an attorney or firm's responsibility to a client or court outweighs some other "greater" or "moral" responsibility. For this case, please briefly discuss the ethical issue and how the court resolved it. I think that the civil law method is better than the adversary system. The reason I prefer the civil law method is because with the civil law method they try to find the truth and let the innocent go if all the evidence shows that a defendant is innocent. In the adversary system for example if a lawyer has incrimiatin evidence on his client he does not have to disclose it. He can still fight for his client and prove his clients innocence even if he knows his client is not innocent. In an article I read called comparisons...
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...information.” Cosmo, in the 1992 Film “Sneakers” 0701. Introduction The instruments of national power (diplomatic, informational, military, and economic) provide leaders with the means and ways of dealing with crises around the world. Employing these means in the information environment requires the ability to securely transmit, receive, store, and process information in the real time. The nation’s state and non-state adversaries are equally aware of the significance of new technology, and will use information-related capabilities (IRCs) to gain advantages in the information environment, just as they would use more traditional military technologies to gain advantages in other operational environments. As the strategic environment continues to change, so does Information Operations (IO). Based on these changes, the present world now characterizes IO as the integrated employment, during military operations, of IRCs in concert with other lines of operation to influence, disrupt, corrupt, or take over the decision making of adversaries and potential adversaries while protecting our own. 0702. Background Information Operations are an evolving construct with roots back to olden times, thus it is both an old and a new concept. The late 1970 world saw the materialization of Information Warfare (IW) and Command and Control Warfare (C2W) as war-fighting constructs integrating several diverse capabilities. These further evolved into Information Operations, recognizing the role of information as...
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...Colorado, Denver Instructor: Marcy Becker 03/05/2013 Introduction It is the ethical responsibility of every attorney that he provides for his client zealous representation during civil litigation yet other have often argued for the need of attorneys to be bound to an even higher responsibility, namely that they should assist judges and jurors in determining the truth during a judicial proceeding, irrespective of the clients need for proper defense. Thus, debates have often been held on issues such as the lawyer’s duty to reveal the truth, the advocate’s role in an adversary system and the conduct of the attorney in fulfilling his role as an advocate. Proponents of such arguments have often mentioned murder, rape, drug peddling and environmental despoliation as some of the crimes that people get away with due to the partisan zeal with which lawyers usually represent their clients (Freedman, 2005). Such arguments further demand that advocates conscientiously make judgments about what impact the client’s conduct would have on public interest thereby restraining their zeal when representing their clients (Freedman, 2005). The Adversary System The adversary system rises from the premise that in order to determine the truth and do justice in a manner that is effective, then two opposing advocates or adversaries should be pitted against each other with the responsibility of mobilizing all the relevant facts, authorities and policies on each side of the case. These are then presented to...
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...The "adversary system" is the fundamental concept behind American jurisprudence. It is assumed by our system that when you have 2 people on opposite sides who are trying to win, the party that has the truth on its side will ultimately prevail. Of course, as we all know, it doesn't always work that way; but that's our system. Many Continental European systems use the "civil law" method. Under that system, all the lawyers in the case are responsible to help in the "search for the truth." If one lawyer has information that would help the other side or comes to agree with the other side's view, he or she has the right and/or duty to say so. Which system do you think is more effective and why? Also, do you see any constitutional problems with applying the civil law system to the U.S.? For this assignment, in addition to answering the above questions, I would like you to find at least one case (which can be done most easily from Lexis) in which the limits of the adversary system were discussed or tested. The subject matter of the case itself can be anything, but the focus should be whether an attorney or firm's responsibility to a client or court outweighs some other "greater" or "moral" responsibility. For this case, please briefly discuss the ethical issue and how the court resolved it. Which system do you think is more effective and why? U.S. system. The adversarial system emphasizes the debate between the two parties and the judge only directs the jury and guarantees...
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...ABSTRACT An organization’s information security program needs structure in order be successfully to protect its sensitive/confidential data from falling into the hands of its adversaries. There are many methods available to an adversary for breaching an Information System security protection barrier in any organization today. One of the main goals of adversaries is to obtain data illegally from an organization or user. A data breach may occur when there is a loss, theft, or other unauthorized access to data containing sensitive material that results in the potential compromise of the confidentiality, integrity, or availability. “An information security program begins with policy, standards, and practices, which are the foundation for the information security architecture and blueprint. In order for an organization’s information security program to succeed. It will need to “operate in conjunction with the organization’s established security policy.” (Whitman & Mattord, 2012) This case study will discuss the legal environment for an organization, which includes policies, regulations, and laws. Also, it will illustrate how these factors impact an organization to ensure the confidentiality, integrity, and availability of information and information systems. Foremost, in any organization, confidentiality, integrity, and availability (CIA triad) is the model which is supposed to guide information security policies that are established. Policies play an important role in any...
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...and a former intelligence officer, future wars will not be won by having more atoms (troops, weapons, territory) than an opponent, but by having more bits . . . of information. Berkowitz argues that atoms that used to be big winners will become big losers to information technology. Reconnaissance sensors will quickly find massed troops, enabling adversaries to zap those troops with precision-guided weapons. Fortifications will tie armies down to fixed locations, making them sitting ducks for smart bombs. Cheap cyber weapons (e.g., computer viruses) will neutralize expensive kinetic weapons (e.g., missile defenses). Berkowitz sums up the growing dominance of bits over atoms: “The ability to collect, communicate, process, and protect information is the most important factor defining military power.” The key word here is: “the most important factor.” The New Face of War gives many historical examples of information superiority proving to be an important factor in defining military power, such as the allies breaking German and Japanese codes during World War II and Union forces employing disinformation to mislead Confederates in the Civil War. But the digital revolution has transformed information from supporting actor to leading lady. Evidence that this revolution has already occurred abounds. In the 1990 Gulf War, smart weapons turned Saddam’s strength...
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...Court history and purpose David Anderson CJA/224 March 21, 2013 Symone Walker Court history and purpose The United States justice system is based on the beliefs that with the correct facts of a specified criminal or civil situation justice will prevail. This paper will discuss the purpose of court, the dual court system, and its role in criminal justice. If the individuals act as adversaries not agreeing on the facts of each other, a neutral person or persons known as judges and or juries will seek out the truth. Some critics have said that this type of system varies on the impartiality of representation. The critics think that if one lawyer is better than another or one party has more money the truth may not materialize (Garner, 2001). The need for fair and self-governing judiciary is ingrained in the human being. At times life is not fair or it seems that way. The government, businesses, individuals, and even their officers do not do the right thing all the time. There are disparities and quarrels about lawful responsibility, wrongs, and rights even when they adhere to the rules. Accomplishing sovereignty and impartiality is difficult, straightforward as lawfully right and lawfully wrong. Courts support the power of the state and the lawful use of force and guards individuals against the subjective use of legislative powers. The stress amid individual sovereignty and social order is continuous. Court leaders realize there is almost by no means one certainty...
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...Principles of the Australian Parliamentary System Government)–!The!government!is!the!party!or!coalition!of!parties!that!wins!the!most!seats!in!the!House!of!Representatives! Parliament)–!Consists!of!a!group!of!elected!representatives!and!a!person!who!represents!the!Queens.!In!the!federal!parliament!that!person!is!the! Governor>General.!Parliaments!make!the!laws!for!a!country/state! Crown)–!The!monarch!is!represented!by!a!governor/governor>general.!Refers!to!the!position,!power,!or!dominion!of!a!monarch.!The!monarch!as! Head!of!State! Separation)of)Powers)–!The!three!branches!of!power!(executive,!legislative!and!judicial)! Federal)System)–!The!power!to!govern!is!divided!by!the!Commonwealth!and!states.! Bicameral)–!A!bicameral!parliament!consists!of!two!chambers!or!houses! Minister)–!A!minister!is!both!a!member!of!parliament!and!a!member!of!the!executive.!This!means!a!minister!is!usually!in!charge!of!a!government! department!that!is!responsible!for!enacting!the!law! ! Australian Parliamentary System Under!the!Australian!federal!system!of!government,!the!country!is!divided!into!states!and!territories!each!with!its!own!parliament!–!making!a!total!of!9! parliaments.! • Commonwealth,)6)States,)2)Territories! They! are! elected! by! the! people! and! represent! the! needs! of! the! people.! Members! are! also! responsible! to! the! parliament! and! the! people! for! their! actions.!The)APS)is)based)on)the)Westminster)system)that)was)adopted)by)the)Commonwealth)constitution)in)1900...
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...shared by Karen Purdy, Mock Trial Teacher Coach, Idabel High School) TEST 1 acquit action adjudicate adversary system affidavit allegation answer appeal appellant appellate court appellee TEST 2 arraignment attorney at law attorney of record autopsy bail bailiff burden of proof case chambers civil law closing argument TEST 3 complaint conviction coroner counsel court crime criminal action criminal law cross examination damages default TEST 4 defendant demurrer direct examination due process of law evidence exhibit Federal Rules of Evidence felony indictment information injunction TEST 5 invoke the rule judgment N.O.V. judge judgment jurisdiction jury (grand) jury (petit) jury trial law litigant litigation TEST 6 misdemeanor motion in limine oath objection opening statement opinion\opinion parties plaintiff plea pleadings prosecution TEST 7 public trial recross examination redirect examination remand reverse sentence session speedy trial statute subpoena summons TEST 8 sustain term testimony transcript trial verdict voir dire witness witness examination wrongful death MOCK TRIAL VOCABULARY TEST 1 Name______________________________ Date_________________ Period________ Directions: In the space provided, write the letter which represents the definition that best matches each numbered term. _____ 1. acquit _____ 2. action _____ 3. adjudicate _____ 4. adversary system _____ 5. affidavit _____ 6. allegation +++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++++...
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...LAW AND THE LEGAL SYSTEM PLA 3014 SPRING SEMESTER 2016, Exam #1 CONCEPTS TO HELP YOU REVIEW I. Terms, Cases and Concepts You Should Understand and Be Able to Define to Ensure Maximum Success on the Multiple Choice and Short Answer Sections of Exam Civil Disobedience What are the functions that law fulfills in society? (pp. 2-4) Malum in Se (and be able to identify examples illustrating these laws) Malum Prohibitum (and be able to identify examples illustrating these laws) Precedent (and why important to the common law and our court system) Stare Decisis (and why important to the common law and our court system) What is Natural Law? Why important to history and formation of common law? What is Positive Law? What is the “sociological theory of law?” What are the four primary sources of law? Where do we find “law” today? What was the most important source of law historically for the common law? What is the order of importance of sources of law today in U.S.? Change in Legal Methodology in U.S. (hint: what was the change in focus in the US regarding the four sources of law? Why? See p. 37) What are the major differences between criminal and civil law in the U.S. today? Be able to define role and significance of constitutional law, statutory law, case law, and administrative and regulatory law in today’s society What are the four global legal traditions? Which are most prevalent today? Be able to briefly define each of the four global legal traditions and provide...
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...Significant was the Reichstag Fire? On the night of the 27th of February, 1933, the Reichstag building in Berlin burned down in an act declared by the Nazi Party to be the inception of a widespread communist uprising. The Reichstag Fire, as it was called, can be observed as one of the most significant events in the formation of Nazi Germany through its pivotal role in the reduction of civil liberties of Germany’s citizens and the emergence of a near dictatorial regime within the Weimar Republic. The significance of the fire lies in its role as a catalyst towards effecting the power that the Nazi Party would hold throughout the 1930’s as a result of the various decrees and laws passed in response to it. There is little doubt that the party would have come to similar power with time, but by utilising the fire as part of a communist plot to overthrow the German government, Adolf Hitler created a political and social environment susceptible to his control. The direct consequences of the fire were great, both in terms of political gain and the restriction of rights for the Nazi party’s adversaries, which at that point was predominantly the communist community. These greater holds on power were provided chiefly through the instigation of the Reichstag Decree and the Enabling Act along with the utilisation of political alliances between the police force and the Nazi Party. To understand the resounding effect of the fire, the general political environment in Germany before the fire...
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...Foreword The Army is the primary landpower arm of our Nation’s Armed Forces. It exists to serve the American people, protect enduring national interests, and fulfill the Nation’s military responsibilities. FM 1 is one of the Army’s two capstone field manuals. It contains our vision for the Army. While the entire manual is important, I would direct your attention to four particular items. FM 1 establishes the fundamental principles for employing landpower. The most important of these are the Army’s operational concept and the fundamentals that support it. They form the foundation for all Army doctrine. All Soldiers should understand and internalize them. FM 1 describes the American profession of arms, the Army’s place in it, and what it means to be a professional Soldier. Central to this discussion are the Soldier’s Creed, Warrior Ethos, and Army Values. These three statements establish the guiding values and standards of the Army profession. To understand Soldiers, you must know about them. To be a Soldier, you must live them. FM 1 discusses Army contributions to the joint force. As the Armed Forces achieve even greater joint interdependence, the Army will depend more on the other Services and vice versa. For this reason, the Army is currently transforming its units and institutions to enhance our campaign qualities for sustained operations and to achieve greater expeditionary and joint capabilities. It is important for Soldiers and all who support or are associated with the...
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