Adversarial presentation assumes opposed parties surface all relevant facts
Evidence
Obviously, the partisan advocacy of attorneys in an adversarial system does not by itself guarantee just outcomes. However, the attorney presenting his client’s case is only one element in the process. Another lawyer will present evidence and arguments for the opposing side in the case, a judge will serve as umpire of the dispute, and a judge or jury will reach a decision by weighing the arguments and evidence presented. The assumption is that a partisan presentation by each side will ensure that all pertinent facts and legal arguments are brought forward and evaluated, thereby promoting a well-informed decision. — G. Alan Tarr, Judicial Process and Judicial…, 629
Categorization
- DEFINE: Explains the mechanistic assumption underlying the American adversary system - that partisan clash produces truth.
- XREF: connects to: Adjudication proceeds through adversarial claims, proofs, and counterproofs to a decision — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 17; Exposing people to opposing viewpoints increases rather than reduces polarization — Sander van der Linden, Foolproof: Why Misinformation Infects…, 453; Presenting disconfirming evidence to partisans strengthens rather than weakens their views — Sander van der Linden, Foolproof: Why Misinformation Infects…, 132 (+1 more)
Broader Connections
- The adversary system works by having opposing sides produce and challenge evidence
#corroborates(0.90) — G. Alan Tarr, Judicial Process and Judicial…, 802 - Adjudication proceeds through adversarial claims, proofs, and counterproofs to a decision
#expands(0.86) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 17 - Exposing people to opposing viewpoints increases rather than reduces polarization
#complicates(0.78) — Sander van der Linden, Foolproof, 453 - Presenting disconfirming evidence to partisans strengthens rather than weakens their views
#complicates(0.76) — Sander van der Linden, Foolproof, 132