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Words: | Submitted: Mon Jun 19 2006
... an unjust result or decision, where one of the parties would not be given his legal due, and consequently would suffer moral harm. (Bayles) This makes it impossible to disagree with the notion that civil procedures must lead to correct decisions. Andrews in fact, recognises the value attached to accuracy in adjudication when he describes accuracy as "the very kernel of our system of civil justice." Due to the highly regarded legal value of accuracy a decision can be overturned on appeal if found to be unjust or wrong In an ideal world the objective of civil procedures should be the correct application of the law to the true facts, which lead to correct decisions and deliver justice. It is debatable whether this happens in practice. According to the "truth-finding theory" described by Golding, truth as Lord Eldon wrote "is best discovered by powerful statements on both sides of the question." ...
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