LAWS 1000 Lecture 1: Adjudication
Document Summary
Adversarial system: procedural system in which litigating parties, instead of judges, are primarily responsible for both defining the issue in dispute and carrying them forward. Party-autonomy: parties are entitled to pursue or dispose their legal rights. Judges role is to passively evaluate merits of the case. Parties chose how they wish to go forward with the case as well as the evidence they wish to present. Close to the prevalent political and economic theory. Cathartic effect: suggested psychological benefits of battle atmosphere in adversary litigation. Role of counsel: trained counsel, equalizing the powers to research, negotiate, advocate, litigate between the parties. Appearance of impartiality: effected through a purportedly impartial arbiter, aims for judicial objectivity in presentation of evidence. Thorough: that parties have equal capacity, skill, resources to search for and present evidence.
