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 ?
It uses the classification of internal and external transparency to evaluate Chinese criminal procedure, to examine whether internal transparency is not as guaranteed as external transparency, as well as the underlying factors of the Chinese system, such as its legal culture and legal history, to evaluate whether they are compatible with the basic tenets of the adversarial system.
Why take an adversarial default position theany administration?
They 3D-printed an adversarial image, which is an image designed to trick machine software and AI, of a turtle that the Google AI identifies as a rifle from all angles.
The Countering Adversarial Nations Through Sanctions Act targets Irans Revolutionary Guards Corps and cuts off anyone who contributes to the Iranian regimes ballistic missile program.
So we're both interested in doing these things but we cannot do this from an adversarial position,' he added.
Hence, the inquisitorial method of legal practice is inherently less competitive in nature than the adversarial system, as it affords the disputing parties little opportunity to influence the evidence and proceedings to suit their own self-interest.
We staged the 'row' to help highlight the destructive effect that the adversarial approach to marriage break up can have.
About delays in disposal of cases he said the delay in disposal of cases is great menace in our society you are young judicial officers possessing requisite potential to eradicate this evil provided that you equip yourselves with requisite skills to address all the adversarial problems.
of Utrecht) explore the extent to which the British legal system has moved from an adversarial system in which the tribunal judges evidence gathered and presented by both parties, to an inquisitorial system, in which the tribunal actively seeks the truth in the case.
Most often, adversarial activity is identified by the loss of critical data and/or the malicious manipulation of data elements and devices.
He added that well-educated parents were particularly adept at using their children, and that a less adversarial approach was needed in the family justice systems.
Speaking at a conference at Ansty, near Coventry, Sir Nicholas Wall said separating parents "rarely behave reasonably" and a less adversarial system was needed in the family justice system.