The adversary system works by having opposing sides produce and challenge evidence

Evidence

Thus, if justice is to prevail, trial courts must uncover all evidence pertinent to the cases they are deciding and correctly evaluate that evidence. To ensure that all pertinent evidence is introduced at trial, the American legal system relies on the adversary system, which assumes that each side will bring forward all the evidence and legal arguments that support its position. The adversary system also serves to ensure the reliability of the evidence that is introduced by permitting each side to challenge the testimony of opposing witnesses during cross-examination. Further safeguarding the reliability of testimony and physical evidence at trial is the law of evidence, which prescribes what evidence can be admitted, who can present this evidence, and how it should be introduced. — G. Alan Tarr, Judicial Process and Judicial…, 802

Categorization

  • DEFINE: Defines the adversary system’s twin functions: eliciting all supporting evidence and testing reliability through cross-examination.
  • XREF: connects to: Adversarial presentation assumes opposed parties surface all relevant facts — G. Alan Tarr, Judicial Process and Judicial…, 629; Adversarial trials let each side’s attorneys shape evidence presentation to serve their clients. — G. Alan Tarr, Judicial Process and Judicial…, 790; Effective opposition requires first understanding the adversary’s actual project — Philip Mirowski, Never Let a Serious Crisis Go to Waste, 901 (+7 more)

Broader Connections