LAWS 1000 Lecture Notes - Lecture 13: Adversarial System, Therapeutic Jurisprudence, Collaborative Law
Document Summary
Laws 1000 lecture (13) alternatives to adjudication. Brooks: role of adjudicator profoundly impacted by nature of the adversarial process in which adjudication takes places human process & biases. Bench warrant: warrant for arrest because you didn"t show up to court. *it is the nature of adversarial presentation of a conflict which has a very significant impact on how adjudication takes place and what it looks like. Two principles provide basis of brook"s analysis: o. Outlines the functions of the parties and the judge with resect to the initiation and content of the disputes who has the power and the authority to initiate dispute o. Outlines the functions of the respective parties and the judge with regard to the progress of a dispute through the adversarial process when the decision to initiate a dispute in formal context of law has taken place.
