In the US, we have an adversarial legal system. Basically, this comes down to the fact that there are two (or sometimes more) sides that oppose each other, and the court has the position of listening to each side and deciding which is right.
The above is correct, but can be expanded. The adversarial system of law is also known as the Common Law system. this system of law is different to the civil system of law which is from European nations derived from Roman heritage, whereas the Common law system is of British ancestry.
These types of systems should not be confused with the 'common law' which is judge made law from the courts, nor should it be confused with civil law proceedings which is between two people as opposed to criminal law.
If there are any Questions leave a message in my message board!
The Australian justice system is an adversarial system of justice where there are essentially two parties that face each other in court proceedings. So the answer of your question could best be described as an Adversarial Trial.
The basis of the legal system is descended from the Roman system. Justice is dependent on the adversarial system at arriving at truth.
The justice system that includes, a passive judge, active counsels, the accuser (or Crown) having the burden of proof, and a jury
In the inquisitorial system of justice, there is typically no distinction between a plaintiff and a prosecutor as seen in the adversarial system. Instead, the judge oversees the investigation and collection of evidence, with input from both the prosecution and defense.
Inquisitorial system= when judge plays the role as a fact finder. To ascertain the truth. Adversarial system= its all about fight (two opposite sides), when judge tries to remain impartial
Having an adversarial system of justice is the most accepted system, fairness is subjective.æ However, having a set of jurours decide versus just a judge seems more fair.
Adversarial system.
Adversarial system.
Adversarial system.
the adversarial system
The Adversarial System is the justice system that is used in countries like Australia, Britain, and America. It relies on a contest between each of the advocates (speaker) representing his or her party's positions and involves an impartial person or group of people, usually a judge or jury, who try to determine the truth of the case. The adversarial system is normally used in common law countries. An exception, for instance in the US, may be made for minor violations, such as traffic offences.. The adversarial system is the two-sided structure where criminal trial courts operate and put the prosecution against the defence. The case is won when either party has been able to convince the judge and jury that their view is correct.
Adversarial system