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Simple English definitions for legal terms
adversary system
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A quick definition of adversary system:
An adversary system is a way of resolving disputes or determining guilt in which two opposing sides present their arguments to a neutral decision-maker. This system is often used in the legal system, where lawyers represent their clients and argue their case in front of a judge or jury. The adversary system is different from the inquisitorial system, where the decision-maker takes an active role in investigating the case.
A more thorough explanation:
The adversary system is a legal process where two opposing parties present their case before an independent decision-maker. This system is commonly used in the Anglo-American legal system and is also known as adversary procedure or accusatorial system in criminal cases.
For example, in a criminal trial, the prosecution and defense present their evidence and arguments to a judge or jury who then make a decision based on the presented information. The parties are actively contesting with each other to prove their case and win the trial.
The adversary system is different from the inquisitorial system, which is used in some European countries, where the judge takes an active role in investigating and gathering evidence.
The adversary system is designed to ensure that both parties have an equal opportunity to present their case and that the decision-maker remains impartial and independent.