ADVERSARY SYSTEM Meaning and
Definition
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The adversarial system is a legal framework used in many common law countries, including the United States, in which two opposing parties present their arguments before an impartial judge or jury. It is a method of resolving disputes in which each party, known as adversaries, strives to present their best case to win the favor of the judge or jury.
In this system, each party is responsible for gathering evidence, interviewing witnesses, and presenting oral and written arguments to support their position. The judge or jury then determines the truth or legitimacy of each party's claims based on these presentations.
The adversarial system is characterized by its emphasis on fairness, as both sides have an equal opportunity to present their arguments and challenge the evidence and arguments of the opposing party. The judge or jury acts as a neutral arbiter, responsible for ensuring that the trial is conducted according to the law and making a fair decision based on the evidence and arguments presented.
This system is believed to provide a checks and balances mechanism, ensuring transparency and a fair trial. It also promotes the concept of "innocent until proven guilty" by requiring the prosecution to prove the defendant's guilt beyond a reasonable doubt. The adversarial system is often contrasted with the inquisitorial system used in civil law countries, where the judge plays a more active role in investigating and seeking the truth.
Etymology of ADVERSARY SYSTEM
The word "adversary" has its origins in Latin. It comes from the Latin word "adversarius", which is a combination of "ad-" meaning "to" or "toward" and "versus" meaning "to turn". So, "adversarius" can be translated as "turned toward" or "opposed to". The term "system" comes from the Late Latin word "systēma", which originated from the Greek word "sýstēma" meaning "organized whole" or "set of principles". Thus, the term "adversary system" refers to a legal system where opposing sides present their cases before an impartial judge or jury who will decide the outcome based on the arguments and evidence presented.
