In an adversarial system, appellate courts do not have the power to review lower court decisions unless a party appeals it.

The adversarial system is generally adopted in common law countries.

The adversarial system is the two-sided structure under which criminal trial courts operate that pits the prosecution against the defense.

The use of the jury in the common law system seems to have fostered the adversarial system and provides the opportunity of both sides to argue their point of view.

As the election to maintain an accused person's right to silence prevents any examination or cross-examination of that person's position, it follows that the decision of counsel as to what evidence will be called is a crucial tactic in any case in the adversarial system and hence it might be said that it is a lawyer's manipulation of the truth.

Judges in an adversarial system are impartial in ensuring the fair play of due process, or fundamental justice.

The name " adversarial system " may be misleading in that it implies it is only within this type of system in which there are opposing prosecution and defense.

One of the most significant differences between the adversarial system and the inquisitorial system occurs when a criminal defendant admits to the crime.

In an adversarial system, there is no more controversy and the case proceeds to sentencing ; though in many jurisdictions the defendant must have allocution of her or his crime, a false confession will not be accepted even in common law courts.

This allows for plea bargaining in adversarial systems in a way that is difficult or impossible in inquisitional system, and many felony cases in the United States are handled without trial through such plea bargains.

Proponents of the adversarial system often argue that the system is more fair and less prone to abuse than the inquisitional approach, because it allows less room for the state to be biased against the defendant.

The type of procedure practiced in common law courts is known as the adversarial system ; this is also a development of the common law.

While Israeli law is undergoing codification, its basic principles are inherited from the law of the British Mandate of Palestine and thus resemble those of British and American law, namely: the role of courts in creating the body of law and the authority of the supreme court in reviewing and if necessary overturning legislative and executive decisions, as well as employing the adversarial system.

From the year 2000 onward, Chile completely overhauled its criminal justice system ; a new, US-style adversarial system has been gradually implemented throughout the country with the final stage of implementation in the Santiago metropolitan region completed on June 9, 2001

Colombia's present constitution, enacted on July 5, 1991, strengthened the administration of justice with the provision for introduction of an adversarial system which ultimately is to entirely replace the existing Napoleonic Code.

Indeed, in the United States, cross-examination is seen as a core part of the entire adversarial system of justice, in that it " is the principal means by which the believability of a witness and the truth of his testimony are tested.

It is based on a mix of the adversarial and inquisitorial civil law systems, although the adversarial system was adopted in the Appeal Courts in 1988.

In cryptography, a system has provable security if its security requirements can be stated formally in an adversarial model, as opposed to heuristically, with clear assumptions that the adversary has access to the system as well as enough computational resources.

As an accused is not compelled to give evidence in a criminal adversarial proceeding ; he may not be questioned by prosecutor or judge unless he chooses to do so.

The concept of " cross "- examination is entirely due to adversarial structure of the common law.

This is not the case, and both modern adversarial and inquisitorial systems have the powers of the state separated between a prosecutor and the judge and allow the defendant the right to counsel.

In some adversarial legislative systems, the court is permitted to make inferences on an accused's failure to face cross-examination or to answer a particular question.

Most legal cases in adversarial systems do not go to trial ; this can lead to great injustice when the defendant has an unskilled or overworked attorney, which is likely to be the case when the defendant is poor.

Moser and Catley explain, " In America, ' liberal ' means left-of-center, and it is a pejorative term when used by conservatives in adversarial political debate.

Judicial dispute resolution is typically adversarial in nature, for example, involving antagonistic parties or opposing interests seeking an outcome most favorable to their position.

Like a grand jury, FISC is not an adversarial court: the federal government is the only party to its proceedings.

* Treating opposing legal briefs as adversarial hypotheses about the application of the " unwritten law " to a new set of facts.

The United States legal system is an adversarial system.

In Anglo-American legal traditions, the adversarial process is generally, though not universally, viewed as the most appropriate means of arriving at the truth in a given dispute.

An inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an adversarial system where the role of the court is primarily that of an impartial referee between the prosecution and the defense.

In fact, the distinction between an adversarial and inquisitorial system is theoretically unrelated to the distinction between a civil legal and common law system.

Until the Medieval inquisition in the 12th century, the legal systems used in medieval Europe generally relied on the adversarial system to determine whether someone should be tried and whether that person is guilty or innocent.

Restorative justice is very different from either the adversarial legal process or that of civil litigation.

However, critic Andrew Moravcsik alleged that some of Baldwin's evidence actually supports the stereotype of a distinctive American model: a free-market system with little labor protection, an adversarial legal system, high murder rates, high rates of gun ownership, a large prison population, inequitable and expensive health care, and relatively widespread poverty.

A brief ( Latin " brevis ", short ) is a written legal document used in various legal adversarial systems that is presented to a court arguing why the party to the case should prevail.

It also established a well-developed system of railways and telegraphs, a civil service that aimed to be free from political interference, a common-law and an adversarial legal system.

Beyond reasonable doubt is the standard of evidence required to validate a criminal conviction in most adversarial legal systems.

It includes, but is not limited to, the legal concept of standing, which is used to determine if the party bringing the suit is a party appropriate to establishing whether an actual adversarial issue exists.

The procedure in juvenile court is not always adversarial, although the minor is entitled to legal representation by a lawyer.

Instead of the traditional adversarial ( i. e., " win / lose ") approach ( also known as " positional bargaining "), the mutual gains approach is quite similar to Principled Negotiation ( first described by Roger Fisher in his book Getting to YES ), where the goal is to reach a sustainable ( i. e., lasting ) agreement that both parties ( or all parties in a multi-party negotiation ) can live with and support.

Germany uses an inquisitorial system where the judges are actively involved in investigating the facts of the case, as compared to an adversarial system where the role of the judge is primarily that of an impartial referee between the prosecutor and the defendant.