THEMES: Adversarial System


The Adversarial Process (Trial by battle, are lawyers zealous champions or hired guns?)

QUERY: Is the adversary process the best way to settle disputes? Is it the best way to find the truth? To arrive at justice?

A fundamental premise of our legal system is that justice is best achieved by resolving disputes on an even playing-field, that just results are more dependent on fair procedure than substantive rights and duties. A corollary to this premise is the notion that fairness is made more likely by having the disputants represented by competent legal specialists before an impartial tribunal.

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If you would like to view RealMedia videos with Dr Pyle explaining basic features of the Adversarial Process, click one of the following:

  1. Trial Alternatives
  2. Trial Alternatives (continued)

 

 

Stare Decisis
Trial and Appeal
The Adversarial Process
Jurisdictional Complexity