Definitions for ADVERSARIAL SYSTEM

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Wiktionary

  1. adversarial system(Noun)

    A system of law in which advocates represent the prosecution and the defence and an impartial person (judge) or people (jury) determine the truth of the matter

Freebase

  1. Adversarial system

    The adversarial system is a legal system where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case. As opposed to that, the inquisitorial system has a judge whose task is to investigate the case. The adversarial system is generally adopted in common law countries. An exception, for instance in the U.S., may be made for minor violations, such as traffic offenses. On the continent of Europe among some civil law systems, the inquisitorial system may be used for some types of cases. The adversarial system is the two-sided structure under which criminal trial courts operate that pits the prosecution against the defense. Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.

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