The adversarial system (or adversary 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 (or a group of judges who work together) 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 (i.e. those deriving from Roman law or the Napoleonic Code), 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.
Read more about Adversarial System: History of The Adversarial Process, Basic Features, Comparisons With The Inquisitorial Approach
Famous quotes containing the word system:
“Nobody is glad in the gladness of another, and our system is one of war, of an injurious superiority. Every child of the Saxon race is educated to wish to be first. It is our system; and a man comes to measure his greatness by the regrets, envies, and hatreds of his competitors.”
—Ralph Waldo Emerson (1803–1882)