Possible reforms to the adversary system

[ktrah]

I'm not too sure what any good examples of these are?

[michak]

I'm not too sure what any good examples of these are?

You could use any feature from the inquisitorial system eg. using more written evidence or a more active role of the judge
Don't forget you also need reforms to te jury system and at least 1 for criminal pre-trial and 1 for civil pre-trial

[skeptical]

What are possible reforms for criminal pretrial procedure and civil pretrial procedure?

[michak]

What are possible reforms for criminal pretrial procedure and civil pretrial procedure?

Civil pre trial - I use expiditing special cases which is when people who may be terminally ill go straight to a pre trial conference which saves them time and money as they need the lawyers, could also say that the higher courts can send parties to mediation/conciliation during pre-trial which will save time and money 
Criminal pre trial - you could talk about removing committal hearings, look at the advantages and disadvantages

Hope that helps guys

[ktrah]

I'm not too sure what any good examples of these are?

You could use any feature from the inquisitorial system eg. using more written evidence or a more active role of the judge
Don't forget you also need reforms to te jury system and at least 1 for criminal pre-trial and 1 for civil pre-trial

Ah that's right, I forgot about the inquisitorial system. Thanks!

[michak]

I'm not too sure what any good examples of these are?

You could use any feature from the inquisitorial system eg. using more written evidence or a more active role of the judge
Don't forget you also need reforms to te jury system and at least 1 for criminal pre-trial and 1 for civil pre-trial

Ah that's right, I forgot about the inquisitorial system. Thanks!

No worries 

[Genghis_Khan]

Possible reforms to the Adversary System are as follows.

- Heightened role of the Judge, utilize his/her experience in assisting underprivileged parties and aiding in evidence gathering / witness questioning.

- Less strict rules of evidence, enable parties to submit oral evidence such as hearsay evidence as to included all evidence relevant to the case.

- Encouraging the use of ADR to promote people to pursue their civil claims.

- Increase the funding to the legal system to establish specialist Courts, utilization of technology to streamline the process.

- Greater assistance with legal cost and self-representation.

[michak]

Possible reforms to the Adversary System are as follows.

- Heightened role of the Judge, utilize his/her experience in assisting underprivileged parties and aiding in evidence gathering / witness questioning.

- Less strict rules of evidence, enable parties to submit oral evidence such as hearsay evidence as to included all evidence relevant to the case.

- Encouraging the use of ADR to promote people to pursue their civil claims.

- Increase the funding to the legal system to establish specialist Courts, utilization of technology to streamline the process.

- Greater assistance with legal cost and self-representation.

Dont say ADR, they aren't called that anymore the examiners are really strict
just called other methods cause tehy aren't alternatives to courts anymore because courts use mediation/comciliation

[Genghis_Khan]

Dont say ADR, they aren't called that anymore the examiners are really strict
just called other methods cause tehy aren't alternatives to courts anymore because courts use mediation/comciliation

Wait, we don't call them Alternative Dispute Resolutions!?!??

Can I call them Alternative Dispute Methods...? (This is really odd, my textbooks all refer to it as 'ADR'...)

[michak]

Dont say ADR, they aren't called that anymore the examiners are really strict
just called other methods cause tehy aren't alternatives to courts anymore because courts use mediation/comciliation

Wait, we don't call them Alternative Dispute Resolutions!?!??

Can I call them Alternative Dispute Methods...? (This is really odd, my textbooks all refer to it as 'ADR'...)

Yeah the textbooks still call them ADR but tehy aren't alternative anymore
The reason they were called alternative is because they were a different way to resolve disputes instead of court litigation
But nowadays courts also use mediation and conciliation, because during civil pre-trial courts can order the parties to go to either of these first before going to court
Thus they aren't alternative anymore
Just mention them each by name or methods other than court 

[Genghis_Khan]

Yeah the textbooks still call them ADR but tehy aren't alternative anymore
The reason they were called alternative is because they were a different way to resolve disputes instead of court litigation
But nowadays courts also use mediation and conciliation, because during civil pre-trial courts can order the parties to go to either of these first before going to court
Thus they aren't alternative anymore
Just mention them each by name or methods other than court 

Thanks man, I would've went into the exams screaming 'ADR'.

[Jezza]

Yeah the textbooks still call them ADR but tehy aren't alternative anymore
The reason they were called alternative is because they were a different way to resolve disputes instead of court litigation
But nowadays courts also use mediation and conciliation, because during civil pre-trial courts can order the parties to go to either of these first before going to court
Thus they aren't alternative anymore
Just mention them each by name or methods other than court 

Thanks man, I would've went into the exams screaming 'ADR'.

Wow I didn't know that saying ADR would lose you a mark. Great advice. Cheers!

[michak]

Yeah the textbooks still call them ADR but tehy aren't alternative anymore
The reason they were called alternative is because they were a different way to resolve disputes instead of court litigation
But nowadays courts also use mediation and conciliation, because during civil pre-trial courts can order the parties to go to either of these first before going to court
Thus they aren't alternative anymore
Just mention them each by name or methods other than court 

Thanks man, I would've went into the exams screaming 'ADR'.

Wow I didn't know that saying ADR would lose you a mark. Great advice. Cheers!

Don't know if it would lose a mark, but the chief examiner has mentioned that they aren't called these anymore
They shouldn't but they maybe very picky and you don't what to lose a mark for something actually quite trivial in the bigger  picture 

[meganrobyn]

Also, don't use the last three on that list for *adversary* reforms, because they only accept reforms specifically to the five features. Use them as final end-of-course reforms.