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Legal Ethics Adversary System

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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 in his direct appeal including his claim of ineffective assistance of trial counsel. Specifically, Betts alleged that his trial counsel failed to interview and call certain witnesses, failed to confer with him in any reasonable way prior to trial, failed to make an opening statement, and failed to file any pretrial motions. The Supreme Court rejected Betts' claims and affirmed his conviction. Civil law system originated in Europe and conceptually civil law proceeds from abstractions, formulates general principles and distinguishes substantive rules from procedural rules. 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

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