Sentences with phrase «adversary system»
The phrase "adversary system" refers to a way of resolving disputes or conflicts, where two opposing sides present their arguments and evidence before a neutral judge or jury. Each side tries to convince the judge or jury that their version of events is correct, and the judge or jury then decides who is right. It is called an "adversary" system because the two sides are considered adversaries or opponents who compete against each other to win the case. Full definition
Adversary System Like a game of Rock Paper Scissors, defeat enemies by countering their strengths and exploiting their weaknesses.
onrpg.com
The wealthy can access a vigorous adversary system replete with constitutional protections for defendants.
The Japanese Adversary System in Context, edited by Malcolm M. Feeley and Setsuo Miyazawa, International Political Science Association and Palgrave Macmillan (2002)
Well, the whole adversary system, at least, as it used to be, is horrendous and ill suited to family matters.
There are significant differences between thetraditional adversary system of evaluations and therole of the child specialist and coach.
Moreover, the availability of expert witnesses to plaintiffs seeking redress for injury is an essential premise of our adversary system.
Parents who end up in court are forced into an adversary system that knows little about child development and less about the best interests of children or the family unit.
In sum, the adversary system destroys families.
Law is an adversary system, and the attitudes of the system affect the attitudes of the lawyers within it.
'' [R] eason and reflection require us to recognize that, in our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, can not be assured a fair trial unless counsel is provided for him.
«The adversary system assumes that the judge and jury will do the judging and that defence counsel will do the defending».
«This broad partisan duty to the client is essential to the proper functioning of the adversary system».
The point of an adversary system isn't just to oppose the government's lawyers arguing the government's position for the government's benefit, but to challenge the neutrals to be neutral.
To shackle the government's adversary by only seeking an appearance when the court decides it could use a hand isn't any adversary system at all.
All of the vivid courtroom images support the important messages which the adversary system seeks to convey — messages about independence, authority, distance, sobriety, respect, neutrality — a place where decisions affecting people's lives can be made impartially and fairly.
«We write not to take sides in the political process, but only to affirm that our adversary system of justice depends on the commitment of lawyers who are willing to take on those burdens,» they said.
Its mission is to preserve the adversary system of justice; to maintain and foster independent and able criminal defense lawyers and to ensure justice and due process for persons accused of crime.
As the American Bar Association's Rules of Professional Conduct clearly state: «As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system.»
That motivation is stated in one line of the preamble to the Model Rules: «As advocate, a lawyer zealously asserts the client's position under the rules of the adversary system.»
He works for an individual, a person or a corporation, in an adversary system.
Daniel Markovits has, for example, argued that being an advocate in an adversary system necessarily involves lying, insofar as lying means «asserting a proposition that one privately (and correctly) disbelieves» (A Modern Legal Ethics: Adversary Advocacy in a Democratic Age (Princeton University Press, 2010) p. 35).
«In our adversary system of criminal justice, any person haled into court, who is too poor to hire a lawyer, can not be assured a fair trial unless counsel is provided for him,» Justice Hugo L. Black wrote for the court.
The committee said, «the adversary system tends to exacerbate the already strained relationship of the parties... One of the undeniable truths in family law is that the negative impact of the family breakup upon children is directly proportional to the amount of conflict which exists between the parents.»
Our adversary system relies in large part on the good faith and diligence of counsel and the parties in abiding by these rules and con - ducting themselves and their judicial business honestly.»
The Adversary System: Silence, Confrontation, and Sentencing (3)
Arthur Selwyn Miller & Jerome A. Barron, The Supreme Court, the Adversary System, and the Flow of Information to the Justices: A Preliminary Inquiry, 61 VA..
The ordinary checks and balances of the adversary system are not operative.
THOMAS B. MARVELL, APPELLATE COURTS AND LAWYERS: INFORMATION GATHERING IN THE ADVERSARY SYSTEM 365 - 66 n. 7 (1978)(citing Victor G. Rosenblum et al., Report on the Uses of Social Science in Judicial Decision Making (1977)(unpublished manuscript available in the Northwestern University Law School Library)-RRB-.
adversary system: The court procedure in the United States and some other countries.
The Alberta Civil Trial Lawyers Association was founded in the Spring of 1986 as a non-profit society dedicated to the objectives of advancing the science of jurisprudence, training in all fields and phases of advocacy, upholding the honour and dignity of the profession of law, encouraging brotherhood and sisterhood among the members of the bar, upholding and improving the adversary system and trial by jury, and promoting the administration of justice and the public good.
Even Mr. Zirin, who implies that those who like the «loser pays» concept are un-American, recognizes that the US system is «an adversary system that inherently advantages those with money anyway».
[89] And what goes for discovery and disclosure needs must be approached having regard to the proportionality principle that means that a litigant — and more precisely his or her advocate — must be re-cultured to accept that the adversary system needs far less in procedure than a perfectionist and sometimes obsessed advocate might wish for.
We should not add to that burden by imposing an additional economic tax on the litigant who thought she had a good case, but, in an adversary system that inherently advantages those with money anyway, wound up on the losing side.
in the Spring of 1986 as a non-profit society dedicated to the objectives of advancing the science of jurisprudence, training in all fields and phases of advocacy, upholding the honour and dignity of the profession of law, encouraging brotherhood and sisterhood among the members of the bar, upholding and improving the adversary system and trial by jury, and promoting the administration of justice and the public good.
Given the adversary system, someone always has to lose a case.
The commission omitted child support and child custody, and said it wanted to take family law out of the adversary system.
Unlike litigated divorces, which involve an adversary system, divorce mediation is a collaborative process.
The committee said, «the adversary system tends to exacerbate the already strained relationship of the parties... One of the undeniable truths in family law is that the negative impact of the family breakup upon children is directly proportional to the amount of conflict which exists between the parents.»
Impact of the Adversary System on Forensic Social Work Practices: Threat to Therapeutic Alliance and Fiduciary Relation: Journal of Forensic Psychology Practice Vol 4 (4) 2004, 3 - 33.
The truth is that the zealous assertion of a client's position is in fact the lawyer's job IF the client has hired the lawyer to represent him or her in what the Tennessee Rules of Professional Conduct refer to as the «adversary system.»
If the coin came up tails and they stayed in the adversary system, 75 % of families appeared before a judge
Considering the fact that the PAS is primarily (if not exclusively) a product of the adversary system, and considering the fact that PAS symptoms are directly proportionate to the intensity of the parental litigation, and considering the fact that it is the court that has more power than the therapist to alleviate and even cure the disorder, PA proponents who claim unconcern for the long - term legal implications of their position is injudicious and, I suspect, specious.