We use cookies to create the best experience for you. Keep on browsing if you are OK with that, or find out how to manage cookies.
Nobody downloaded yet

Law - legal systems - Essay Example

Comments (0)
Summary
It has been suggested that an important measure of a civilization is the quality of justice received by its citizens. In the past decade there has been an increasing concern that the traditional adversary system is not adequate to handle effectively all the disputes currently being placed before it…
Download full paper
GRAB THE BEST PAPER
Law - legal systems
Read TextPreview

Extract of sample
Law - legal systems

Download file to see previous pages... The expansion of the role of government in the lives of its citizens has brought with it an increasing number of controversies between citizen and state. There is a perception too that as a people we have become more litigious. All this has resulted in an increase in litigation, aggravating the problems within the current judicial structure, causing delays from the ensuing backlog of cases, higher costs to the parties and the taxpayer, the bureaucratization of dispute-processing systems and exaggeration of minor disputes as a result of regulations, delays and costs. Furthermore, both court congestion and high cost are used as bargaining tools to extract settlements which may otherwise be unacceptable.
For many, however, the concern runs deeper. There is a growing awareness that the corner-stone of our judicial structure, the adversary system itself, is not the most appropriate for the effective resolution of all forms of disputes; it may not be capable of resolving a problem to both parties' satisfaction and may easily cause disputes to escalate to more serious levels. Moreover, even though the vast majority of disputes are 'resolved' outside the courtroom, they are still resolved 'under the shadow' of this adversary mentality; for instance, the threat of instituting court proceedings may be enough to exact an inappropriate settlement. It is often unfortunate that the adversary mentality permeates all resolution processes, polarizing the parties and exacerbating their disaffection. Still, negotiated or 'lumped' settlements far exceed in number those resolved through other means. On many occasions the 'threat' of suit is therapeutic where otherwise stubbornness might prevail.
The basic philosophy of the adversary system is that it is the best means to find the truth through the testing of the various versions of the disputants by putting each to the proof of his or her claim. Correlatively the burden of establishing legal entitlement rests with the litigants. The system is based on individualistic premises: each party is presumed to be equally motivated and competent to investigate the facts and to present his or her case to a passive, neutral and independent court and each is presumed to have equal opportunity to pursue the claim. Implicitly the system presumes adequate resources in both time and money in order to do so. Each party confronts the other, as an adversary, before the court, each having an opportunity to present her or his story, to a judge, whose business is to decide the dispute under law. Eventually so the theory goes, the truth will emerge at least to the extent it can be discovered.
However, it is generally accepted that the practice does not work nearly as well as the theory, despite an absence of empirical evidence either way. Each party will usually not have equal or even adequate time, money, motivation or ability to present his or her case properly. Furthermore, because the system is in part predicated on competitiveness, combativeness and confrontation, the emphasis is less on the best resolution of conflict but rather, oftentimes it seems, on 'winning at all costs'. It is little wonder that this system has been labeled 'the sporting theory of justice'. The end results include a lot of wasted time and money and a perceived lack of ...Download file to see next pagesRead More
Comments (0)
Click to create a comment
CHECK THESE SAMPLES - THEY ALSO FIT YOUR TOPIC
COMPARATIVE LEGAL SYSTEMS( Coursework)
During 1060’s Guatemala has experienced a destructive civil war. It was chiefly after this period that civil law in Guatemala was remodeled and new provisions were implemented. It resulted in significant changes in criminal procedural codes of Guatemala1.
10 Pages(2500 words)Essay
Legal Systems and Contract Law - resit
The main issues that need to be critiqued in this analysis include: 1. The rights of Calum within the 30 day period that the offer was valid. 2. Whether the offer was still valid when Calum sent the mail asking for further information or not. 3. Whether the second mail sent on the 29th with an unconditional acceptance created a valid contract or not even though it was received on the 2nd of September – two days after the deadline.
14 Pages(3500 words)Essay
UK Legal Methods and Legal Systems
When scrutiny is done on the trustworthiness or authority of reasoning, we might be asking about its rigor locally to some system or paradigm or worldly in its efforts to establish one system over all others. Most legal system do not support well argued stories on both sides, the reason is, it is not the case the physical universe supports well argued stories on both sides of arbitrary proposition of physical chemistry, this not only happens in law, there is confident in its regularity that we put lawyers under a professional obligation of zealous representation without even asking whether the clients case has a leg for zeal to stand on .Why do most cases support well argued stories on bot
12 Pages(3000 words)Essay
UK Law Degree legal Systems
Lord Woolf's review is known as the Access to Justice Inquiry. It was so-called because Lord Woolf's proposals introduced radical changes for civil litigation. Lord Woolf intended to improve access to justice by striving to attain this end: avoid civil litigation if possible; create a less antagonistic and more cooperative approach; make it less complicated; more definite with lesser time; and more reasonably priced, predictable and fair.
4 Pages(1000 words)Essay
Chinese and Comparative Company Law
Ohnesorge (2003) suggested that due to the inherent complexity of law and economic development, including issues of heterogeneity and uncertainty, significant effect of common law legal systems originating from England and civil law systems from Continental Europe have faded in importance.
3 Pages(750 words)Essay
British Legal systems and Contract law
By not sending the materials to the Aberdeen office, knowing fully well that the materials need to be send there, the personnel at Metalinqwue had failed to observe what a person with ordinary prudence and intelligence would have done under similar circumstances.
6 Pages(1500 words)Essay
Legal Systems and Contract Law
Metalique was aware that Amethyst’s manufacturing factory is at Aberdeen but the goods were delivered at its London office on 1st April. 1.1a.2 Breach of contract is
12 Pages(3000 words)Essay
Presedent in Common Law System
As such, the decisions or rulings made by a higher court in common law are binding on lower courts under stair decisis. Therefore, lower courts are obliged to honor the rulings
1 Pages(250 words)Essay
Suicides
among middle-aged men and women in the United States increased significantly, although, traditionally, suicide prevention efforts have been focused mostly on youths and older adults (Eoton et al., 2011). Thus, from 1999 to 2010, the suicide rate among US citizens between the
1 Pages(250 words)Essay
Book report
The book is particularly about cyber ethics in examining how technology has aroused the technology gurus and the government to act unethically on both ends. The internet encyclopedia of philosophy defines ethics as a field of moral philosophy that relates to
4 Pages(1000 words)Book Report/Review
Let us find you another Essay on topic Law - legal systems for FREE!
Contact us:
+16312120006
Contact Us Now
FREE Mobile Apps:
  • About StudentShare
  • Testimonials
  • FAQ
  • Blog
  • Free Essays
  • New Essays
  • Essays
  • The Newest Essay Topics
  • Index samples by all dates
Join us:
Contact Us