Adversarial is an adjective that means characterizing or involving opposition or conflict. In law it refers to a scenario whereby the parties in a given dispute have the responsibility of finding and presenting evidence.
The Australian justice system is an adversarial system of justice where there are essentially two parties that face each other in court proceedings. So the answer of your question could best be described as an Adversarial Trial.
The key differences between the inquisitorial and adversarial systems of justice lie in their approaches to gathering and presenting evidence. In the inquisitorial system, the judge takes an active role in investigating the case and questioning witnesses, while in the adversarial system, the prosecution and defense present evidence and arguments to the judge or jury. Additionally, in the inquisitorial system, the focus is on finding the truth, while in the adversarial system, the focus is on advocating for one's side.
The basis of the legal system is descended from the Roman system. Justice is dependent on the adversarial system at arriving at truth.
The justice system that includes, a passive judge, active counsels, the accuser (or Crown) having the burden of proof, and a jury
In the inquisitorial system of justice, there is typically no distinction between a plaintiff and a prosecutor as seen in the adversarial system. Instead, the judge oversees the investigation and collection of evidence, with input from both the prosecution and defense.
The adversarial system of justice involves two opposing parties presenting their cases to a neutral judge or jury, with each side responsible for gathering and presenting evidence. In contrast, the inquisitorial system relies on the judge or a panel of judges to actively investigate and gather evidence to determine the truth. The adversarial system is more common in common law countries like the United States, while the inquisitorial system is prevalent in civil law countries like France and Germany.
Inquisitorial system= when judge plays the role as a fact finder. To ascertain the truth. Adversarial system= its all about fight (two opposite sides), when judge tries to remain impartial
Adversarial system.
Adversarial system.
the adversarial system
Adversarial system.
Having an adversarial system of justice is the most accepted system, fairness is subjective.æ However, having a set of jurours decide versus just a judge seems more fair.