Factbites
 Where results make sense
About us   |   Why use us?   |   Reviews   |   PR   |   Contact us  

Topic: Adversarial system


Related Topics

In the News (Fri 31 Oct 14)

  
  Adversarial system - Wikipedia, the free encyclopedia
The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their party's positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case.
In an adversary system, there is no more controversy and the case proceeds to sentencing; though in many jurisdictions the defendant must have allocution of her or his crime, a false confession will not be accepted even in common law courts.
Certainly the use of the jury in the common law system seems to have fostered the adversarial system, and there are many today who believe that it remains the best way of providing for the determination of a disputed issue.
en.wikipedia.org /wiki/Adversarial_system   (2004 words)

  
 Adversary system - Wikipedia, the free encyclopedia   (Site not responding. Last check: 2007-11-06)
This allows for plea bargaining in adversary systems in a way that is difficult or impossible in inquisitional system, and most felony cases in the United States are handled without trial through such plea bargains.
In the inquisitional system, plea bargaining is impossible because there is no concept of a plea, and any attempt for the prosecution and defense to negotiate an sentence without the involvement of the judge would be considered highly unethical.
In addition, proponents of inquisitorial systems argue that the plea bargain system causes the participants within the system to act in perverse ways in that it encourages the prosecution to bring charges far in excess of what is warranted and the defense to plead guilty even when they believe that they are not.
www.encyclopedia-online.info /Adversarial_system   (1375 words)

  
 Adversarial system   (Site not responding. Last check: 2007-11-06)
The adversarial system (or adversary system) of law is the system of law, generally adoptedin common law countries, that relies on the skill of the different advocates representing their party's positions and not on some neutral party, usually the judge, trying to ascertain the truth of the case.
In an adversary system, there is no more controversy and the case proceed to sentencing; though inmany jurisdictions the defendant must have allocution of her or his crime, a falseconfession will not be accepted even in common law courts.
They point out that most cases adversarial systems are actuallyresolved by plea bargain, and that most legal cases in these systems do notgo to trial, and argue that this can lead to great injustice when the defendant has an unskilled or overworked attorney, which islikely to be the case when the defendant is poor.
www.therfcc.org /adversarial-system-6098.html   (1301 words)

  
 Adversarial system   (Site not responding. Last check: 2007-11-06)
A system of measurement in use in the United Kingdom, now partially superseded by the metric system, and currently in the United States and consisting of units such as the inch, the mile and the pound (a unit of weight).
The adversarial system (or adversary system) of law is the system of law,...
The adversarial system contrasts with the inquisitorial system common in the...
www.serebella.com /encyclopedia/article-Adversarial_system.html   (1007 words)

  
 Adversary system : Adversarial system
Judges in an adversarial system tend to be more interested in ensuring the fair play of due process, or fundamental justice and they decide, often when called upon by counsel rather than of their own motion, what evidence is to be admitted when there is a dispute.
The rules of evidence are also developed based upon the system of objections of adversaries and on what basis it may tend to prejudice the trier of fact[?].
In common law systems the defendant has a right to silence, but if he waives that right to silence he is subject to cross-examination by a professional advocate whose goal it is to present the defendant's statements in the worst possible light.
www.fastload.org /ad/Adversarial_system.html   (665 words)

  
 Adversary system   (Site not responding. Last check: 2007-11-06)
The adversarial system (or adversary system) of law is the system of generally adopted in common law countries that relies on the skill the different advocates representing their party's positions and not some neutral party usually the judge trying to ascertain the truth of case.
an adversary system there is no more and the case proceed to sentencing; though many jurisdictions the defendant must have allocution of her or his crime a confession will not be accepted even in law courts.
The passive role of the judge in adversarial system also allows for plea bargaining in which the defendant agrees to guilty in exchange for a lesser sentence the prosecution or for out of court in civil cases.
www.freeglossary.com /Adversary_system   (1534 words)

  
 ISUMA : Adversarial Legalism: The American Way of Law   (Site not responding. Last check: 2007-11-06)
Adversarial legalism is defined as “policymaking, policy implementation, and dispute resolution by means of lawyer-dominated litigation.” (p.3) It involves complex legal rules, formal, adversarial and costly means for resolving disputes, punitive sanctions, more frequent judicial review of administrative and legislative processes, more political controversy over legal rules and institutions, fragmented decision making and legal uncertainty.
Adversarial legalism is thus concerned not only with litigation in courts, but broader patterns of governance that affect administrative agencies and legislatures.
The relation between adversarial legalism and weak governance is explored in the third chapter, on “Political Construction of Adversarial Legalism.” Here Kagan the political scientist shines as he rejects cultural explanations for the American reliance on litigation in favour of institutional explanations.
www.isuma.net /v03n02/roach/roach_e.shtml   (1668 words)

  
 ComputerBasedTest.com - GRE verbal reading comprehension insights summary tips skills, free download, sentence ...
Both systems were historically preceded by the system of private vengeance in which the victim of a crime fashioned his own remedy and administered it privately, either personally or through an agent.
The vengeance system was a system of self-help, the essence of which was captured in the slogan "an eye for an eye, a tooth for a tooth." The modern adversarial system is only one historical step removed from the private vengeance system and still retains some of its characteristic features.
This system operates on the philosophical premise that in a criminal case the crucial factor is not the legal rule but the facts of the case and that the goal of the entire procedure is to experimentally recreate for the court the commission of the alleged crime.
www.computerbasedtest.com /gre_verbal_reading.html   (3470 words)

  
 Adversary system - TheBestLinks.com - Adversarial system, Common law, Civil law, Crime, ...   (Site not responding. Last check: 2007-11-06)
Adversary system - TheBestLinks.com - Adversarial system, Common law, Civil law, Crime,...
Adversarial system, Adversary system, Common law, Civil law, Crime...
Interestingly, some countries such as Japan which have a right to jury trial, rarely use them, as there is a popular belief that any defendant who requests a jury trial has a case that is so weak that they are willing to risk pleading their case before strangers rather than professional judges.
www.thebestlinks.com /Adversarial_system.html   (1589 words)

  
 [No title]
But with opposing counsel we are thrust into an adversarial relationship — thus, opposing counsel is the exception that proves the rule that it is the adversarial system that is troubling so many of us.
Yet regardless of whether you think the adversarial system will always be with us, or whether you see a day when progress brings us better ways of resolving all disputes, the historical successes of the adversarial system do not justify its one-size-fits-all monopoly on dispute resolution.
The public, bless their souls, for all their occasional misconceptions about the system, still fundamentally believe that when they petition their courts for a redress of grievances (by filing a lawsuit, pro se or otherwise) that duty, loyalty, and caring require something other than the treatment they've received recently.
www.wsba.org /media/publications/barnews/2004/feb-04-lehto.htm   (1186 words)

  
 NationMaster.com - Encyclopedia: Prosecutor
The prosecutor is the chief legal representative of the prosecution in countries adopting the common law adversarial system or the civil law inquisitorial system.
Civil law is a codified system of law that sets out a comprehensive system of rules that are applied and interpreted by judges.
An inquisitorial system is a legal system where the court or a part of the court is actively involved in determining the facts of the case, as opposed to an adversarial system where the role of the court is solely that of an impartial referee between parties.
www.nationmaster.com /encyclopedia/Prosecutor   (2900 words)

  
 Adversarial system
The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates representing their party's...
Adversarial System : The adversarial system (or adversary system) of law is the system of law, generally adopted in common law countries, that relies on the skill of the different advocates...
The adversarial system is often criticized because of its increasingly high cost.
www.logicjungle.com /wiki/Adversarial_system   (333 words)

  
 Adversarial System Character sketch @ GreatArtworks.com (Great Artworks)   (Site not responding. Last check: 2007-11-06)
Adversarial System Character sketch @ GreatArtworks.com (Great Artworks)
In Britain, the Criminal Justice and Public Order Act 1994 allowed such inferences to be made for the first time.
Most cases that go to trial are carefully prepared through a discovery process that aids in the review of evidence and testimony before it is presented to judge or jury.
www.greatartworks.com /encyclopedia/Adversarial_system   (1547 words)

  
 frontline: an ordinary crime: an interview with producer ofra bikel | PBS   (Site not responding. Last check: 2007-11-06)
For her body of work on America's justice system, Bikel was honored in 2000 with the "Champion of Justice" award given by the National Association of Criminal Defense Lawyers.
First, because it is an adversarial system and the defense's job is to defend their client in any way they can (within the boundaries of the law, which is quite flexible), the prosecution, as the adversary, wants to do just the opposite of the defense: convict the defendant in any way they can.
I think the adversarial system, combined with the fact that the truth is not really relevant, is baffling and should baffle every American.
www.pbs.org /wgbh/pages/frontline/shows/ordinary/etc/ofra.html   (1432 words)

  
 Adversarial strengths/weaknesses   (Site not responding. Last check: 2007-11-06)
My initial response is that there are no strengths to the adversarial system of trial because the system allows for and perpetuates a misdirection from the truth.
In an ideal system, prosecutors would present before the court any and all information obtained indicating the guilt of the accused, and the defense attorney acting in the designated role of officer of the court, would merely be entering information that mitigated the accused's guilt so that an apporpriate punishment could be meted out.
Two disadvantages of the system are: 1) the restriction on what, how evidence can be entered into a trial, including consideration of the way the evidence or information was obtained, and whether the proper "door" was opened during the trial for its introduction.
www.holysmoke.org /c000/087.htm   (241 words)

  
 BBC News | UK | Life of Crime | Miscarriages of Justice
The adversarial system replaced with a continental-style inquisitorial system, where the driving motive behind any police investigation is the search for the truth.
Mr Christian favours the French system of investigating magistrates or the Staatsanwalte in Germany, in which the prosecuting lawyers are involved from the outset.
Mr Mullin admitted the adversarial system had flaws and said: "There is a strong case for a system which finds the truth, rather than a contest between skilled adversaries.
news.bbc.co.uk /hi/english/static/in_depth/uk/2001/life_of_crime/miscarriages.stm   (1577 words)

  
 adversarial system Free Essays
The system board is the heart and brain of a computer.
Users of the New System The new system that we are designing for Anders Bookstore is going to allow for employees at Anders to access a number of different forms of data in order to improve business.
The new operating systems released by Microsoft and Apple in the past year are relatively unexplored.
www.mytermpapers.com /search/91458.html   (860 words)

  
 adversarial system | Doing my Homework
An analogy for the adversarial system is a sports game, where there are the two teams; the defendant versus the prosecutor (also known as the crown) with the judge who is a referee, ensuring fair play.
The role of the judge in the adversary system is to ensure that the rules are obeyed and that the accused gats a fair trial.
In the adversarial system the judges are appointed by the government or they are elected by senior officials of the Bar.
www.doingmyhomework.com /show_essay/68190.html   (142 words)

  
 Presumed Guilty By Pratap Bhanu Mehta
Outdated policing methods, an inefficient judicial system, poorly conceived laws, political interference and sheer callousness have all conspired to produce a system that often seems unable to either convict the guilty or protect the innocent.
The Malimath committee on reform of the criminal justice system was given a broad mandate to suggest much needed reforms to the system.
Under an adversarial system, the prosecution and the defence present respective versions of the facts before the judge, who then weighs the merit of each version depending upon the evidence.
www.countercurrents.org /hr-mehta201103.htm   (1113 words)

  
 Divorce Source: Divorce in an Era of No-Fault: Litigate or Mediate?
The place of the adversarial system is most esteemed when it resolves any given dispute without giving rise to other problems in the process.
However, when the adversarial process is employed to resolve a couples' controversy, only to have its emotional backlash felt in subsequent step or extended families in which one or both ex-spouses may become a part, then I cringe.
As the processes of the judicial system regulates, administers and choreographs the dance of divorce, the couple is painfully, yet realistically, aware that an external resolution can and will be imposed upon them by an impartial third party (i.e., the judiciary) if they refuse to do the needed work.
www.divorcesource.com /ME/ARTICLES/alpren1.html   (2148 words)

  
 Adversary system
In a way the rules of evidence can function to give a judge limited inquisitorial powers as the judge may exclude evidence she believes isn't trustworthy or irrelevant to the legal issue at hand.
This isn't the case, and both modern adversary and inquisitional systems have the powers of the state separated between a prosecutor and the judge and allow the defendant the right to counsel.
By contrast, in an inquisitional system, the fact that the defendant has confessed is merely one more fact that is entered into evidence, and a confession by the defendant doesn't remove the requirement that the prosecution present a full case.
www.news-server.org /a/ad/adversary_system.html   (1319 words)

  
 EssayEdge.com: Law School Personal Statement Help, Sample Law School Personal Statements, Law School Essay Editing
Both systems were historically preceded by the system of private vengeance in which the victim of a crime fashioned his own remedy and administered it privately.
The modern adversarial system is only one historical step removed from the private vengeance system and still retains some of its characteristic features.
Because of the inquisitorial system's thoroughness in conducting its pretrial investigation, it can be concluded that a defendant who is innocent would prefer to be tried under the inquisitorial system, whereas a defendant who is guilty would prefer to be tried under the adversarial system.
www.essayedge.com /law/admissions/lsatcourse/lsat-intro.shtml   (1655 words)

  
 Global : Ideas : Bank - Reinventing Democracy: The Swiss System Mark II
Democracy is the least worst system of Government, but declining percentages of populations turning out to vote and the results of numerous surveys indicate that voter apathy is growing.
An advantage of the adversarial system is that there is the opportunity for voters to bring about a complete renewal of the Government.
The great advantage of the Swiss System Mark II is that the voices represented in the debate within Cabinet would be more representative of Parliament, and of the debate outside Parliament, and none are excluded.
www.globalideasbank.org /site/bank/idea.php?ideaId=5264   (802 words)

Try your search on: Qwika (all wikis)

Factbites
  About us   |   Why use us?   |   Reviews   |   Press   |   Contact us  
Copyright © 2005-2007 www.factbites.com Usage implies agreement with terms.