BLAW 3175 Chapter Notes - Chapter 7: Strategic Lawsuit Against Public Participation, Adversarial System, Truth Hurts
Document Summary
The legal system in the united states is an adversarial system: This means that the system relies on each party advancing their position diligently while attacking the opponent"s position with equal diligence. Each party can develop their argument, gather and submit evidence, call and question witnesses and generally control the information that is presented in the court. This system was created in reaction to the threat of british-style tyranny in the new country. Each side has equal opportunity to use tactics to obscure the other side"s case. Hide, destroy, attack, evade, obfuscate the truth; if the truth hurts your clients interest. Some say that trial is a search for truth. Some parties are not interest in finding the truth, but to gain leverage. Some plaintiffs the lawsuit is about raising the stakes and strengthening bargaining position. More about the principal than the truth. Slaap suits: strategic lawsuit against public participation.
