why the American judicial system is considered to be an “adversarial” system.
1 The American legal system is considered to be both adversarial and litigious in nature. 2  The adversarial nature of our system implies that two opposing sides advocate their position with lawyers in the most prominent roles, while the judge has a relatively minor role in comparison. The American legal system is considered to be both adversarial and litigious in nature. 2  The adversarial nature of our system implies that two opposing sides advocate their position with lawyers in the most prominent roles, while the judge has a relatively minor role in comparison.