...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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...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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...adversarialism? The adversarial system is the two-sided structure under which criminal trial courts in the UK operate. There are four prominent structural features of the English adversarial system. Firstly, the parties dominate the conduct of proceedings with the judge playing a relatively passive role. Secondly, the parties are free to choose the terrain on which to fight out their legal battles and to select their forensic weapons. Thirdly, Trials are continuous, oral and public events. Fourthly, the imbalance of power between the state and the accused is ameliorated by rules and principles reducing inequality of arms. High level definitions or at least descriptions of the adversarial system abound such as that of Lord Denning in Jones v The National Coal Board.They are all to the effect that the judge is a passive and neutral umpire who cannot descend into the arena for fear of having his or her judgement clouded. The adversarial system is said to be the most efficient means of arriving at approximate truth because it harnesses the power of self-interest on each side to unearth the best evidence. Similarly the best legal arguments are thought to emerge from the clash of advocate’s submission on the law. A classic quotation is that of Lord Eldon in Ex Parte Lloyd that ‘truth is best discovered by powerful statements on both sides of the question.’ This follows from the notion that dispute resolution ‘achieving justice’ is the overriding objective of adversarial adjudication. ...
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...For as long as I can remember, I've never been complacent with the knowledge I possess. Constantly setting new goals that will stretch my mind into something that it was not the day before and allowing every experience to shape me, while never loosing a handle on my own personal convictions and what I have learned along the way, has always been a way of life for me. For me, pursuing a legal education is not a terminal accomplishment, nor will obtaining a legal degree quench this ongoing thirst for knowledge that I have always had; I don't want it to. I constantly need to be in pursuit of challenging goals that that require considerable mind expansion and personal reflection. The experiences and knowledge that I will acquire in attending law school will stretch my mind to think in ways that I never have, allowing me to face future intellectual, professional, and academic goals with confidence and enthusiasm. Mid way through my senior year, the University of Arizona choose me to be their undergraduate representative at the "Arizona First" town hall meeting, a three day, bipartisan conference focus on shaping legislation that will bring economic growth and prosperity to AZ. During this three day conference I worked closely with Arizona state representatives and senators, the majority of whom where lawyers, in proposing new legislation with the potential of bringing new job opportunities, more commerce, and an overall better standard of living to the state. It was one of the first...
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...The Collins Class Submarine Story: Steel, Spies and Spin is the joint production of Peter Yule and Derek Woolner, and is a project commissioned by Cambridge University Press with support from the Department of Defence. It cites its aim as ‘simply to tell the story of the submarine project from its origins to about 2005.’ The book itself is based upon a combination of unclassified, open source and specially declassified material and, perhaps most importantly, more than 130 interviews with many of the protagonists. In many ways the book achieves what it sets out to do. The authors have, despite the introduction indicating a certain hauteur in relation to military and defence issues, presented an honest, generally dispassionate and reasonably comprehensive narrative. They have let the various actors speak for themselves and, so far as the third-person narrative permits, with their own voices. They convey very well the tale of an extraordinarily ambitious project that achieved much, but which was dogged by complex problems, conflicting interests and increasing controversy as the years went on. They give credit where it is due and are careful about ascribing blame to individuals. This is as it should be, since some of the decisions which may appear most egregious in retrospect generally had more than reasonable justification at the time. Nevertheless, there are some significant faults. The text is somewhat dense and the technical explanations not always completely clear (particularly...
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...Investment Decision 23 References 24 Appendixes 26 PART I – Analysis: Australia vs. China A. Country Analysis I. Economic Environment Australia Australia is a market oriented financial system which includes the world’s 13th largest economy and the 9th highest per capita Gross Domestic Product (GDP), with almost two consecutive decades of growth and the unemployment rate falling to a generational low. As a result of nearly three decades of structural and policy reforms, Australian’s economy has proven to be a competitive player in the increasingly integrated global markets. In terms of country risk, Australia’s favorable attitude towards private enterprise and its well-protected property rights incent growth and propagate stability conveying comfort to international investors that its government will not take actions that adversely affect the value of companies operating there such as expropriation. Australia's economy is dominated by its services sector; yet, it is the agricultural and mining sectors that account for the bulk of Australia's exports. Australia's...
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...Hegelian Dialectics and It’s implication to thinking and education Hegelian Dialectic What exactly is the Hegelian Dialectic? Georg Wilhelm Friedrich Hegel was a 19th century German philosopher who devised a particular dialectic, or, method of argument for resolving disagreements. His method of arriving at the truth by the exchange of logical arguments is a system of thought process still use to this day. To put it simply, the basis of Hegelianism dictates that the human mind can’t understand anything unless it can be split into two polar opposites. Good / Evil, Right / Wrong, Left / Right. For example when people are talking about 2 political parties, Labor or Liberal, what they’re actually referring to, without realising it, is the thesis and the antithesis based off the Hegelian Dialectic. The only real debate that occurs is just the minor differences between those two parties. Nothing is said or done about the issues that neither left or right is discussing. This in particular will become more apparent as the election draws near. The Hegelian Principle is a process intended to produce Oneness of Mind through a process of 1) thesis: embodying a particular view or position; 2) antithesis: providing an opposing or contrary position; and 3) synthesis: which reconciles the two previous positions and then becomes the basis of a new thesis…in accordance with the laws of dialectical materialism. In theory, through a continual process of evolution, Oneness of Mind...
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...Australia’s Dynamic Water Industry Fostering excellence in water management About this publication Australia has a unique water challenge. Increasing variability in extreme climate conditions has required governments, industry and citizens to prioritise water management. This focus has led to distinctive approaches, changes in governance, behavioural change and technology innovation. Australia’s experience and approach to addressing water management challenges is regarded as among the most progressive in the world. This publication has been prepared by the Australian Water Association, with the support of the Australian Trade Commission (Austrade), the Department of Innovation, Industry, Science and Research (DIISR ), waterAUSTR ALI A and industry partners to illustrate some of the innovative solutions developed by Australian business and research groups that have built resilience to water management by urban, agricultural and industrial sectors across Australia. June 2011 (10-11-92) Disclaimer This publication has been prepared as a general overview. It is not intended to provide an exhaustive coverage of water innovation in Australia. The information is made available on the understanding that the Australian Trade Commission (Austrade), the Department of Innovation, Industry, Science and Research and the Australian Water Association (the parties) are not providing professional advice. Therefore, while all care has been taken in the preparation of the report...
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...APPENDIX 1 INTERGOVERNMENTAL RELATIONS IN FEDERAL SYSTEMS INTERGOVERNMENTAL RELATIONS IN FEDERAL SYSTEMS 1 Introduction 1 2 FEDERAL SYSTEMS 3 3 WHAT ARE INTERGOVERNMENTAL RELATIONS? 4 4 AUSTRALIA’S FEDERATION – HOW IS IT OPERATING? 5 5 INTERNATIONAL COMPARISONS 8 6 INTERNATIONAL FEDERAL SYSTEMS: A BRIEF OVERVIEW 9 7 7.1 7.2 7.3 7.4 7.5 PRINCIPLES OF INTERGOVERNMENTAL RELATIONS EFFECTIVENESS TRANSPARENCY ACCOUNTABILITY EFFICIENCY INDEPENDENCE 11 11 33 34 37 40 8 8.1 8.2 8.3 8.4 8.5 INTERGOVERNMENTAL FISCAL ARRANGEMENTS REVENUE RAISING SPENDING FISCAL EQUALISATION MONITORING POLICY 43 43 51 55 56 57 9 CONCLUSION 59 INTERGOVERNMENTAL RELATIONS IN FEDERAL SYSTEMS INTRODUCTION 1| INTRODUCTION Australia, like many other systems of government around the world, is a federal system. Federations, while divided into different levels of government inevitably have a degree of interdependency between governments. Inescapably there arises a degree of conflict or ineffective governance. For example, disputes may arise between different governments on the basis of service provision or infrastructure, constitutional jurisdiction, fiscal arrangements (e.g. vertical fiscal imbalance or spending powers) or environmental or social issues. Most federations have developed a system of intergovernmental consultation and cooperation...
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...CRIME, PROCEDURE AND EVIDENCE IN A COMPARATIVE AND INTERNATIONAL CONTEXT This book aims to honour the work of Professor Mirjan Damaška, Sterling Professor of Law at Yale Law School and a prominent authority for many years in the fields of comparative law, procedural law, evidence, international criminal law and Continental legal history. Professor Damaška’s work is renowned for providing new frameworks for understanding different legal traditions. To celebrate the depth and richness of his work and discuss its implications for the future, the editors have brought together an impressive range of leading scholars from different jurisdictions in the fields of comparative and international law, evidence and criminal law and procedure. Using Professor Damaška’s work as a backdrop, the essays make a substantial contribution to the development of comparative law, procedure and evidence. After an introduction by the editors and a tribute by Harold Koh, Dean of Yale Law School, the book is divided into four parts. The first part considers contemporary trends in national criminal procedure, examining cross-fertilisation and the extent to which these trends are resulting in converging practices across national jurisdictions. The second part explores the epistemological environment of rules of evidence and procedure. The third part analyses human rights standards and the phenomenon of hybridisation in transnational and international criminal law. The final part of the book assesses Professor...
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...Ermita, Manila, Metro Manila Parliamentary: A Good Form of Government Aira C. Adao UC-48 Prof. Marvin Ignacio Politics and Governance January 20, 2015 I. Title: Parliamentary: A Good Form of Government II. Abstract HYPOTHESIS 1. What is Parliamentary Government? 2. What are the types of Parliamentary Government? 3. What are the advantages and disadvantages of Parliamentary System? 4. What countries are implementing Parliamentary System? 5. What is the difference between Parliamentary System and Presidential System? OBJECTIVES * To point out the good sides of the Parliamentary system. * To discuss the process of legislation of the Parliamentary Government. * To tackle the important topic about Parliamentary system. * To form a good information to the readers about the essence of Parliamentary system. SIGNIFICANCE * This term paper gives information to the reader about the system of Parliamentary Government. * This paper will benefit the ones who search information about the essence of Parliamentary system. III. Introduction Parliament, (from Old French: parlement; Latin: parliamentum) the original legislative assembly of England, Scotland, or Ireland and successively of Great Britain and the United Kingdom; legislatures in some countries that were once British colonies are also known as parliaments. The British Parliament, often referred to as the “Mother of Parliaments,” consists of the sovereign, the...
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...NOT FOR DISTRIBUTION: USE ONLY IN COMPLIANCE WITH COPYRIGHT: DAVID RISSTROM AN INTERPRETATION OF LAW IN CONTEXT Bottomley, S., Gunningham, N. and Parker, S., 1991, Law in Context, The Federation Press, Leichhardt. { } = additional material from lectures. ( ) = my comments. (See ‘x’) refers to book page number. A short (somewhat boring) message from the summary executioner before you dive in; These notes are an interpretation of the book Law in Context and the lectures given as part of the 1991 Course. They are not a satisfactory substitution for reading the text. You are only likely to get the maximum value out of this summary by reading it in conjunction with the text. The question of ‘the law in whose context’ may be worth keeping in mind as you read. This is an interpretation seen through my eyes, not yours. My comments are not unbiased, as it is as equally unlikely that yours may be. So my ‘advice’ is consider what is said here and in the book considering the need to understand the ‘mechanics’ that help make sense of the more involved themes that develop in the book as you progress through Law in Context. The observations, important in their own right, may be particularly useful for seeing how their often ubiquitous expression is taken as ‘normal’ in the areas of wider society, such as in discussions of economics and power. It is unlikely that you will find any ‘right answers’ from this summary, but I do hope it helps you in synthesising...
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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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...Conference of the Asia Pacific Academy of Business in Society Sustainable Decision-Making in a Time of Crisis Public and Private Perspectives Malcolm McIntosh and Susan Forbes Authors Malcolm McIntosh Director, Asia Pacific Centre for Sustainable Enterprise Susan M Forbes Adjunct Research Fellow, Asia Pacific Centre for Sustainable Enterprise © 2011 Asia Pacific Centre for Sustainable Enterprise Published by Asia Pacific Centre for Sustainable Enterprise Griffith Business School Griffith University, South Bank campus 226 Grey Street, South Brisbane Queensland, 4101 Australia www.griffith.edu.au/business-commerce/sustainable-enterprise All rights reserved. No part of this publication may be reproduced, stored in a retrieval system or transmitted in any form or by any means, electronic or mechanical, photocopying, recording or otherwise without the prior permission of the copyright owner. Copyright rests with the individual authors. ISBN 978-1-921760-45-7 Foreword The conference reflected lessons learnt and being learned from the global financial crisis, from the climate change prognosis and from rethinking global governance. The conference preceded the Asia-Pacific Economic Cooperation (APEC) 2010 Meetings and Summit (7-14 November in Yokohama, Japan) and coincided with the 10th anniversary of the United Nations (UN) Global Compact, and the UN Year of Biodiversity. Given the birth of the G20 group of nations, the inexorable diffusion of economic power to the...
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...Year 12 Legal Studies Notes Focus Study: Crime Key Legal Concepts and Features of the Legal System Crime - a violation of a law in which there is injury to the public or a member of the public and a term in jail or prison, and/or a fine as possible penalties Types of Crimes Offences against the person Offences against the person are defined as acts that intend to cause harm or injury to the victim Homicide Definition: is the unlawful killing of one person by another * Murder is the killing of one person by another “with malice aforethought”(mental component) * Manslaughter is the killing of someone in circumstances less culpable than murder. (generally given a lighter sentence than for murder) Degrees of awareness | Murder | Voluntary Manslaughter | Involuntary manslaughter | Non-criminal Killing | Intention to killReckless indifference of life Constructive murderDeath during intention to commit grievous bodily harm | Where the intention to kill or cause the act is mitigated by other factors, such as provocation or diminished responsibility | Non-reckless indifference to life or manslaughter by criminal negligenceReckless indifference to grievous bodily harmManslaughter by an unlawful and dangerous act | Death by non-criminal negligenceDeath by an unlawful act that is not dangerousAccidental deathSelf-defence | Stats: Murder: * In 2001 of the 340 homicides in Australia, 306 were murder * Maximum penalty is life imprisonment ...
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