INTRODUCTION TO LAW Essay Example | Topics and Well Written Essays - 2000 words

INTRODUCTION TO LAW - Essay Example There should not be any further assumption in a trial and judgment process. Rather it is supposed to take for granted in addition to supporting previous resolution, whether by resolution or some summary means. This should not be exclusively left to judges, without being backed up by legal rules to advocate that the best way to settle dispute is to opt out of the trial process into alternative depute resolution. Opposing parties should not be left to themselves. It therefore becomes urgent of the legal system to effectuate a means through which any settlement will be achieved at its maximum. This will to a greater extent, reduce the amount of trials. The second assumption upholds the view that the most effective way of settling a dispute is by permitting the opposing parties to go to court. If therefore a trial has to be set into motion, there should be a traditionally adversarial method in which all opposing parties are given equal opportunities with regards to establishment of facts , discovery of evidence and production of witnesses. If this is effective, the trial process will not be wanting of a fundamental principle of fair hearing, although opposing parties may have unequally bargaining powers. The truth is that authenticity of facts or opinion will be distorted and parties will bear enormous costs where bargaining powers of litigants are not at par. There is need for reform. But reform should be more feasible moving from an adversarial to inquisitorial system because this will â€Å"alter lawyers’ conduct within the existing system, a task which†¦is less productive and more difficult than changing the system†1. It is thought of that changing the existing conduct of lawyers will mean that there will be an ascendant of more settlements. Should this be a problem? It may be impossible to completely cause trials to vanish. But it is true that the rates at which trials are brought to court will gradually diminish. Remember that litigants will be more aware of the benefits over which settlement has over trials. Therefore, settlement out of court should not be discounted by the courts. The court should egg on litigant to settle their disputes out of court. This will even be more effective when there is disclosure of facts earlier to the settlement. Remember that settlement without earlier disclosure of important facts will render the settlement unfair. 02 How do you think moving to an inquisitorial system would address some of the criticism raised by the author? The criticism raised by the author relates to disclosure in of evidence and eventual cost of litigation. To begin with, the adversarial method is a method which affords the parties and the counsels a great deal of absolute control over the manner in which facts and opinions are collected and tendered. Maybe, the best way to understand the adversarial method is by reference to what transpired in Whitehouse v. Jordan2. Civil litigation is without doubt, a classic il lustration of the adversarial system. The process calls for neutrality between all parties to the case. Keep in mind that neither side of the opposing camp is obliged to make known more of its evidence before the trial than the other side. It is however, the plaintiff who bears the greatest burden of proof and this is on the balance of probabilities. Remember that this is a standard which is of no benefit to all parties. The character of the inquisitorial method is found in the