Adversarial system

The adversarial system or adversary system is a legal system used in the common law countries.David S. Clark, Encyclopedia of Law and Society: American and Global Perspectives (Los Angeles: Sage Publications, 2007), p. 321 It is a system where two advocates represent their parties' positions before an impartial person or group of people.Rebecca Huxley-Binns, Unlocking the English Legal System, Fourth Edition (London; New York: Routledge, 2014), p. 164 This is usually a jury or judge who attempt to determine the truth of the case.Tushar Kanti Saha, Textbook on Legal Methods, Legal Systems & Research (New Delhi, India: Universal Law Publishing Co. Pvt. Ltd., 2010), p. 200 It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic code). This is where a judge or group of judges opens an official inquiry and decides the case.Harry Dammer; Jay Albanese, Comparative Criminal Justice Systems, Fifth Edition (Belmont, CA: Wadsworth Cengage Learning, 2014), p. 128

The adversarial system is the two-part system under which criminal law courts operate.David Neubauer; Stephen Meinhold, Judicial Process: Law, Courts, and Politics in the United States (Boston, MA: Wadsworth Cengage Learning, 2013), p. 28 On one side is the prosecution who usually represents the government. The other side is the defense who represents the defendant. Each party may call witnesses and ask questions. Each party may present evidence based on legal ethics and that is approved by the court.Randolph N. Jonakait, The American Jury System (New Haven CT: Yale University Press, 2003), p. 185 For example, legal ethics prevent a lawyer from calling a witness they know will lie on the witness stand. Justice is served when the most effective adversary is able to convince the jury or judge that his or her case is the correct one.

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Category:Courts (law)