adversarial

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adversarial

having or involving opposing parties or interests in a legal contest. Very broadly speaking, the Anglo-American systems prefer a system of justice where the result is obtained through the battle between the opponents without the seeking of absolute truth being a part of the process. Traditionally this meant that the judge was a referee rather than a participant and that the parties had control of the process. Recent trends are to at least have judges manage cases and seek to identify issues in dispute and to promote ever greater disclosure or discovery of material in the hands of parties and elsewhere. This system contrasts in theory with an INQUISITORIAL SYSTEM.
References in periodicals archive ?
First, the prosecutor is supposed to be a party in an adversarial process, and having one of the parties to an adversarial system become an ultimate decision-maker seems to discredit the system.
75) This theme is that a fair adversarial system must be
The so-called adversarial system (81) has traditionally been associated with the consensus theory, whereas inquisitorial models, with a stress on impartial fact-finding, resonate with the correspondence theory.
More particularly, Professor Paul McHugh raised the inadequacies of the adversarial system and its inability to properly digest historical evidence:
the adversarial system are rejected, but the investigating magistrate
Sir Nicholas said family law does not easily fit into the concept of an adversarial system where "something is nearly always somebody's fault".
Scottish Labour supports the BMA's call for a less adversarial system to be introduced.
It is an assault on the adversarial system of justice'.
The American system of criminal justice is an adversarial system.
The adversarial system is not designed to deal with psychological issues.
At the moment, Relationship Scotland and the Scottish Collaborative Family Law Group - comprising Scotland's leading family law exponents, including HBJ Gately Wareing and Lindsays - believe the current adversarial system can be potentially damaging for children.
Parris said the event is significant because it honors those in law enforcement who risk their lives for public safety, and brings together elements of the legal and law enforcement communities whose immediate interests often conflict amid an adversarial system.