adversary system

adversary system. A procedural system, such as the Anglo-American legal system, involving active and unhin-dered parties contesting with each other to put forth a case before an independent decision-maker.

— Also termed adversary procedure; (in criminal cases) accusatorial system, accusatory procedure. Cf. INQUISITORIAL SYSTEM.

“The term adversary system sometimes characterizes an entire legal process, and sometimes it refers only to criminal procedure. In the latter instance, it is often used interchangeably with an old expression of continental European origin, ‘accusatorial procedure,’ and is juxtaposed to the ‘inquisitorial,’ or ‘nonadversary,’ process. There is no precise understanding, however, of the institutions and arrangements denoted by these expressions.” Mirjan Damaska, “Adversary Procedure,” in 1 Encyclopedia of Crime and Justice 24, 24–25 (Sanford H. Kadish ed., 1983).

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译员Nanda，毕业于英国顶尖的高级翻译学院，专注翻译各种与证券和消费者集体诉讼有关的法律文件。