Adversarial System
Definition
A legal model in which two opposing parties (prosecution and defence, or claimant and defendant) present competing cases to a neutral decision-maker. The judge or jury does not independently investigate; it evaluates what the parties put before it.
Related terms
- Burden of Proof
- The obligation to prove a fact or claim. In criminal law the prosecution typically bears the burden; in civil law the claimant...
- Inquisitorial System
- A model of legal proceedings, common in civil-law countries such as France and Germany, in which the court takes an active role...
- Beyond Reasonable Doubt
- The criminal standard of proof in adversarial jurisdictions including England and Wales, the United States, and India. The factfinder must be sure...
- Duty to the Court
- The obligation of expert witnesses in UK proceedings (and, to varying degrees, in other jurisdictions) to assist the court with objective, unbiased...
- Fact-Finder
- The person or body whose job is to determine what the facts are: a jury in common-law criminal trials, a judge sitting...
- Hired Gun
- An expert who tailors opinions to advance the case of the party paying them rather than giving an independent assessment. The term...
- Standard of Proof
- The level of certainty required to discharge the burden. Common criminal standard: beyond reasonable doubt. Common civil standard: balance of probabilities (more...
- Weight of Evidence
- The persuasive value the fact-finder assigns to evidence after it has been admitted. Weight is a jury or magistrate question, not a...
Explained in these topics
- Forensic Science and the Law: An IntroductionA legal model in which two opposing parties (prosecution and defence, or claimant and defendant) present competing cases to a neutral decision-maker. The judge...
- The Adversarial System and the Scientist's Place in ItA trial model in which two opposing parties prepare and present their own cases to a neutral decision-maker. The court does not investigate. Common in common-l...