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The adversarial system or adversary system or accusatorial system[1] or accusatory system[2] is a legal system used in the common law countries where two advocates represent their parties' case or position before an impartial person or group of people, usually a judge or jury, who attempt to determine the truth and pass judgment accordingly.[3][4][5] It is in contrast to the inquisitorial system used in some civil law systems (i.e. those deriving from Roman law or the Napoleonic code) where a judge investigates the case.
The adversarial system is the two-sided structure under which criminal trial courts operate, putting the prosecution against the defense.
- ^ Malloy v. Hogan
- ^ "Accusatory System v. The Inquisitorial System - Procedural Truth v. Fact? (From Criminal Evidence Law Reform - Proceedings, P 83-91, 1981 - See NCJ-84738) | Office of Justice Programs".
- ^ Hale, Sandra Beatriz (July 2004). The Discourse of Court Interpreting: Discourse Practices of the Law, the Witness and the Interpreter. John Benjamins. p. 31. ISBN 978-1-58811-517-1.
- ^ Richards, Edward P.; Katharine C. Rathbun (1999-08-15). Medical Care Law. Jones & Bartlett. p. 6. ISBN 978-0-8342-1603-7.
- ^ Care, Jennifer Corrin (2004-01-12). Civil Procedure and Courts in the South Pacific. Routledge Cavendish. p. 3. ISBN 978-1-85941-719-5.