Why is our criminal justice system an adversarial system?  Why is this so important?

What will be an ideal response?


The rationale for an adversarial system stems from the belief that if two opposed sides have much at stake in the outcome of the case, that stake will provide them with motivation to research the law, find witnesses, and present the most persuasive information they can to the decision maker.  The decision maker (judge or jury) then has the best possible information submitted by the two opponents on which to decide the matter.  If only one side could present evidence or, even worse, if a judge were responsible for both investigating and deciding a case, there might be little motivation to find all the facts.

Legal Studies & Paralegal

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The Case Management/Electronic Case Filing (CM/ECF) system is used in:

a. less than 90 district courts b. less than 90 bankruptcy courts c. more than 90 state courts d. most courts, but not federal courts e. almost all of the federal courts

Legal Studies & Paralegal

In order for a warrantless consent search to be valid, the consent must be given ________

A) knowingly, intelligently, and voluntarily B) knowingly, rationally, and peacefully C) in writing D) verbally or in writing

Legal Studies & Paralegal

The analysis section should begin with the presentation of the case that governs the issue.

Answer the following statement true (T) or false (F)

Legal Studies & Paralegal

The legislature cannot change a common law principle by passing a statute which conflicts with the prior common law principle.

Answer the following statement true (T) or false (F)

Legal Studies & Paralegal