This website uses cookies to ensure you have the best experience. Learn more

Legal Ethics Adversary System Essay

514 words - 3 pages

Crystal Perry

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 ...view middle of the document...

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 with brief text that tend to avoid factually specific scenerios. The purpose of codes is to provide all citizens with manners and written collection of the laws which apply to them and which judges must follow. Where codes exist, the primary source of law is law code arranged by subject matter in same pre-specified order and that explain the principles of law, rights to entitlements and how basic legal mechanisms work. In Balla v. Gambo Inc Ill.2d 492 (Ill.1991), an attorney represented his employer that he would do what is necessary to stop the sale of certain misbranded adulterated dialyzers. The employer fired the attorney and the attorney filed an action for retaliatory discharge. The court found that the attorney has an ethical obligation pursuant to Model Rule 1.6 to reveal information necessary to prevent a client from committing a crime.
In comparison, an accused is not compelled to give evidence in a criminal adversarial proceeding, he may not be questioned by prosecutor or judge unless he chooses to do so. While defendants in most civil law systems can be compelled to give a statement, this statement is not subject to cross examination by the prosecutor and not given under oath, civil law courts generally decide cases using codal provisions on a case by case basis without reference to other judicial decisions. In my opinion the adversary system is more effective because in this system the parties to a controversy develop and present their arguments, gather and submit evidence and call and question witnesses, which seems to be more effective.

Other assignments on Legal Ethics Adversary System

Opsec And Terrorism Essay

5936 words - 24 pages OPSEC in Warfare and Terrorism “The enemy aggressively "reads" our open source and continues to exploit such information for use against our forces. Some soldiers continue to post sensitive information to internet websites and blogs, e.g., photos depicting weapon system vulnerabilities and tactics, techniques, and procedures. Such OPSEC violations needlessly place lives at risk and degrade the effectiveness of our operations

Foster Parents Dilemma Essay

644 words - 3 pages applying. With the Rules based, the emphasis is not about how it will affect the child psychologically, but rather on can the natural parents now resume their responsibility. Do the foster parents have a legal standing to try and maintain parental rights beings the intent of the foster system is not specifically a permanent home like the adoption system is. The ends-based evaluates what is the likely effect on the girl’s life if take away from the

Third Party Conflict Resolution

1784 words - 8 pages resolution, it is important that Joe, as the manager know the laws, policies, and procedures governing Seatcor. This knowledge is required so that Joe could fulfill his responsibilities, protect the organization from costly legal action, and provide a respectful work environment for all. Our next step should be to seek the acceptance of the idea of mediation from Joe and Charles. Mediation can mend and restore frayed working

Orientation To The Legal Department

1025 words - 5 pages than 200 years in the U.S. and as each new case is decided by the court it sets a precedent for similar future cases. By following these practices all Americans can receive the same consistent treatment as the next person and be assured the have the same equal and fair rights as every other citizen. Equitable and Legal Remedies There are two types of remedies or means to achieve fair justice used in our legal system to compensate for damage or

Bkaa 3023

1222 words - 5 pages OBJECTIVES This course intends the student: 1. To comprehend applicable regulations, legal responsibilities and ethical standards and current issues facing the audit profession. 2. To appreciate the concepts of internal control system and the use of computer assisted audit techniques in auditing a computerised environment. 3. To understand and apply audit risk, materiality, and statistical and non statistical audit sampling

Social Responsibility

5313 words - 22 pages responsibility? What guidelines might you suggest for university decision makers? Students will probably come up with different answers to this question. Answers may indicate whether they believe the network system belongs to them, based on the payment or nonpayment of campus computing fees. A discussion of the particular view of ethics (utilitarian versus rights) should be included. You may also want to discuss current offerings of various Internet

Management Perspective

1833 words - 8 pages organisation’s dominant culture 3/21/2016 The organisation • Values of an organisation or department. • Corporate culture. • Leads to examining the socialisation of values and culture. – Heroes, Rituals – Myths and Stories • Other factors: e.g. rules and policies, reward system, selection, legal and professional standards, leadership. 3/21/2016 Supporting Ethical Behaviour • • • • Development of the code of ethical conduct

Business Ethics

1356 words - 6 pages with what is necessary to pursue his/her interests. Type of Rights * Legal - Entitlements derived from a particular legal system and is limited to the jurisdiction within which the particular legal system exists. * Contractual (special right or obligations)- Limited rights and duties that arise when individuals enter into agreements with one another. It is attached to a specific entity and to a specific transaction. It depends on the

Personal And Ethical Belief System

3466 words - 14 pages Personal Ethical Belief System and Professional Ethics Cherissa Boyd BSHS - 332 University of Phoenix August 15, 2011 David Elkins Personal Ethical Belief System and Professional Ethics In the profession of human services, every professional will at some point, include his or her personal ethical standards into his or her work with clients. My personal ethics are a huge part of who I am today, and these beliefs affect every decision I

Code Of Ethics Final

3340 words - 14 pages to communicate from cell phones to wi-fi. The government has a set of guidelines in which telecommunication organizations must follow from privacy protection to its reporting of suspicious activity. The elements of effective business ethics system found at AT&T Inc. are to encourage honest and ethical conduct which includes fair dealing and the ethical handling of conflicts of interest; promote full,fair, accurate, and timely disclosure; remain

Compare And Contrast Paper

2181 words - 9 pages adversary system because a person is innocent until proven and every defendant has the right to trial. Critics claim plea bargains are secret, sneaky arrangements often opposing to the individual’s will.   Many issues of the three strikes law have been unintended and caused very big impacts. In summary because of the broad conditions of California’s three-strikes law the result is extensive prison terms for fewer severe crimes (Brown, 2005). Between

Similar Documents

Law Pla Essay

598 words - 3 pages representative of clients, a lawyer performs various functions. As an adviser, a lawyer provides a client with an informed understanding of the client’s legal rights and obligations and explains their practical implications. As an advocate, a lawyer zealously asserts the client’s position under the rules of the adversary system. As a negotiator, a lawyer seeks a result advantageous to the client but consistent with requirements of honest dealing

Ethics Essay

1391 words - 6 pages law, while others were general business ethics that could be universal among all business sectors. The third objective was to recommend ways to implement these codes in businesses. It was suggested that the implementation of the code of business ethics could implemented based on threats of legal action by the government, but would require the government to develop a law that would require businesses to establish and implement a code of ethics

Ethics And Governance Essay

2402 words - 10 pages Behaviour in Organisations Ethics as according to Wood, et al. (2006) can be defined as a behavioural code that explains what is good and right, as opposed to bad and wrong at any given situation. It is essentially a system of moral duty and obligation based on the values of the individual. Business ethics refers to the principles and standards in a business setting, taking all parties of the stakeholders into consideration. Behaving ethically is

The Differences Between Ethics And Law

552 words - 3 pages THE DIFFERENCES BETWEEN ETHICS AND LAW DEFINITION OF ETHICS In general, ethics is a moral philosophy where a person makes a specific moral choice and sticks to it. On the other hand, ethics in computing means moral guidelines to refer to when using the computer and computer networks. This includes the Internet. DEFINITION OF LAW Law is a legal system comprising of rules and principles that govern the affairs of a community and controlled by a