Sentences with phrase «adversary process»
The phrase "adversary process" refers to a legal system where two opposing sides present their arguments and evidence before a neutral judge or jury. It involves a fair and impartial trial, where both sides have an equal opportunity to present their case and challenge the other side's arguments. The goal is to reach a just and unbiased decision based on the arguments and evidence presented by each party. Full definition
Resolving differences without court litigation can help you start over without so much of the bitterness that comes from a more adversary process.
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American discovery follows the common law adversary process, not the civil law's inquisitorial process, yet DOJ seeks to be the inquisitor.
In Reflections on Judging, Judge Posner retorts that «no one should be so naïve as to believe that the determination of facts by the familiar adversary process at trial is proof against error.»
Shall the unreliability of the unalloyed adversary process in a case of such dramatic inequality of resources and capabilities of the parties as this case be an unalterable bar to justice?
Litigation tends to be a positional and adversary process.
This makes them quite different from normal appeals, which involve cases that arise out of specific concrete circumstances, that come with a context that has been judicially explored by the lower courts, that have an established set of relevant facts that have been tested through an adversary process, and that are essentially retrospective, arriving at general and abstract questions only as they emerge from those concrete fact and law circumstances.
The adversary process often sheds light on structural or business practice risks.
A judge should require similar conduct of those subject to the judge's control, including lawyers to the extent consistent with their role in the adversary process.
(37) Although Judge Hamilton acknowledges that «[w] hen a prisoner brings a pro se suit about medical care, the adversary process that is the foundation of our judicial system is at its least reliable,» (39) he thinks that Judge Posner's remedy is worse than the disease.
The adversary process does not allow the possibility of mutual understanding.
By its very nature, litigation is an adversary process.
The problems don't really lend themselves to solutions by a court in an adversary process, I don't think.
So they end up in the courtroom, where the adversary process causes more acrimony between the parents, and where the children suffer from the toxic fallout.
The adversary process only seems to exacerbate the hostilities generated so often in divorce.