An adversarial system requires a dispute but not every dispute reaches court

Evidence

In the United States, under our adversarial system of justice, there cannot be a case without a dispute. However, not every dispute, even if it has a legal dimension, is brought to court for resolution. — G. Alan Tarr, Judicial Process and Judicial…, 1051

Categorization

• DEFINE: Links the adversarial system concept to the requirement of an actual dispute.
• 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; Adversarial proceedings exclude many parties whom a court ruling will affect. — G. Alan Tarr, Judicial Process and Judicial…, 1475; Polycentric problems with interdependent judgments resist adjudication — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process: Basic Problems in…, 3342 (+2 more)

Broader Connections

• The adversary system works by having opposing sides produce and challenge evidence #expands (0.88) — G. Alan Tarr, Judicial Process and Judicial…, 802
• Adjudication proceeds through adversarial claims, proofs, and counterproofs to a decision #expands (0.85) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 17
• Adversarial proceedings exclude many parties whom a court ruling will affect. #expands (0.78) — G. Alan Tarr, Judicial Process and Judicial…, 1475
• The adversary versus inquisitorial contrast is overstated in practice #qualifies (0.75) — Lawrence M. Friedman and Grant M. Hayden, American Law, 346
• Polycentric problems with interdependent judgments resist adjudication #complicates (0.74) — Henry M. Hart, Jr. and Albert M. Sacks, The Legal Process, 3342