There are numerous reasons why people are taken to court; whether it is a civil or criminal matter. But there is only one reason why people are in court and that is because they are there to resolve a dispute. To resolve a dispute, the people of the court must follow a system. There are two different systems, the inquisitorial system and the adversary system. .
The adversary system is the method used to administer justice in Australia. It requires two opposing parties who argue their versions before an independent and impartial arbiter. The truth is expected to emerge from their arguments. The judge rules on disputed points of procedure and evidence, and may ask questions to clarify the evidence of a witness, but otherwise does not take an active part. At the conclusion of a trial, the judge or the jury delivers a decision.
Before the case, each party decides whether to take action or defend proceedings, what points to consider and what evidence should be presented. The witnesses are examined orally first by the party who called them and then cross-examined by the other side. This system is from the English common law and is the most common system used in courts today.
Whether any system is effective could not be told unless we knew for a fact that each prisoner put jail is guilty for the reason they have been imprisoned. However the adversary system is considered to be a very efficient method of finding the truth. .
Still there are some good and bad points about this method. A condition of the system is that the parties are in control of the case. Since they control the case then they are in control of their own fate. The results of the case therefore, cannot be blamed on other people. If they don't present their case in an effective manner then they may not get the result they wanted. .
All court proceedings are carried out according to the strict rules of evidence and procedure. This means both parties have equal opportunity to present their case.