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.
Collins Dictionary of Law © W.J. Stewart, 2006
References in periodicals archive ?
'In an adversarial system, the role of the judge is that of a neutral umpire, unruffled by emotions, a judge is to ensure fair trial between the prosecution and the defence on the basis of the evidence before [him],' said an SC judgment, authored by Justice Syed Mansoor Ali Shah.
He added: "Nobody wants to see an adversarial system where women have to go to court." But he admitted it could be difficult, given it's not just the State that is involved.
We had, I think, a very cumbersome adversarial system over the last few decades.
Because neither Steve nor I are feeling particularly in need of sympathy nor do we want anyone to pick sides.<br />Our jobs, of course, require us to work within an adversarial system. I'm a litigator.
"Let's start with the basic legal concept of an 'inquisition.' It just means a court of inquiry in which the judges take the lead in directing proceedings in the pursuit of truth, rather than a prosecution-driven adversarial system. Such courts continue to function in many secular jurisdictions today, and there is, frankly, nothing very sinister about it, though it appears alien to those of us raised on American courtroom dramas."
The objective of the course was to increase participants' theoretical and practical knowledge in trial advocacy, including direct and cross-examination, delivering of opening and closing statements and the use of evidence in an adversarial system of advocacy.
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. It also considers the adversarial model of criminal procedure, particularly in terms of the relationship between legitimacy and transparency of criminal justice, to see whether the Chinese idea about adversarial dogmas exists.
It acts as a straitjacket, forces people into a two-party adversarial system and makes a small number of marginal constituencies the deciders of government.
The UAE uses the inquisitorial system, which is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defence.
* Supporting the preservation of the attorney-client privilege and work product doctrine and opposing any attempts to undermine those concepts so that attorneys can: a) effectively counsel their clients to comply with the law; b) effectively advocate for clients; c) ensure access to justice; and d) "promote the proper and efficient functioning of the American adversarial system of justice."