adversarial

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  • adj

Synonyms for adversarial

acting against or in opposition

References in periodicals archive ?
It said an important dimension of this case is the role of a criminal court in an adversarial system of justice.
Those more used to an adversarial system, where judges focus on the issues of law and procedure and act as a referee in the contest between the defence and the prosecutor, are often uncomfortable with the investigative powers of the public prosecution.
We can continue with our adversarial system, if we like, whilst removing aggression and threats.
I discovered that after the 2001 Bonn Agreement, the Afghan judicial system transitioned to the British adversarial system. (3) This system is quite different from the inquisitorial system historically used.
Rather than lament the loss of our collective innocence, we should look at the adversarial system and the competitive nature of law practice.
For many this is an empowering experience, the opposite of a courtroom where they might be re-victimized in an adversarial system intent on discrediting them.
With the rise of plea bargaining, criminal justice has evolved from a purely adversarial system of trials and litigated justice in which the decisions are made by judge or jury to a system of administrative justice where the prosecutor makes the most important decisions in charging and plea bargaining.
Various reforms in Australian jurisdictions, England and elsewhere have had only limited practical effect as they fail to address the underlying problems that arise from the adversarial system itself.
balance with the preservation of our adversarial system. (9) This
At the same time, independent juror research compromises our adversarial system by preventing parties from responding to all the evidence under consideration and obfuscating the record on which the jury's decision is made.
The adversarial system of law, which is the prevailing legal system in most English-speaking, common law countries, is premised upon the assumption that the best method for eliciting truth and attaining justice is through a confrontational encounter in which disputing parties, through an advocate, compete for the support of a neutral and passive decision maker (i.e., a judge or jury) (Glenn, 2004).
He also called on the federal government to embark on a less adversarial system when it came to Aboriginal and treaty rights implementation.
The perception in some courts seems to be that tribunals are unfettered by the constraints of the adversarial system and, with our inquisitorial powers, have leapt free of court's inability to mould and shape the case to its own ends as part of a search for the truth.