英语翻译Under the adversary system,the scope of the lawyer's pow
英语翻译
Under the adversary system,the scope of the lawyer's power and responsi?bility is wide.It is the lawyer who makes the initial and usually final decisions as to choice of court,size of claim,nature of claim stated,parties,extent and kind of pre-trial investigation,mode of trial (whether jury or non-jury),settlement offers,extent and kind of proofs,style of presentation and argument,and,with?in limits,speed and vigor of presentation.The trials are largely produced and di?rected by the lawyers.They supply the actors and the script,through the wit?nesses called and the testimony elicited by direct and cross examination.Judges are called on to intervene only occasionally and then briefly,to ensure that all the procedural safeguards of due process5 are met and essential fairness is achieved.They rule on the admissibility of evidence,but this is a negative function of keep?ing out unreliable evidence rather than an affirmative one of providing the facts upon which a case is determined.