In an adversarial system of justice, however, judges are expected to crib from the arguments, ideas, and research of the adversaries. |
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If the parties fail to achieve a settlement through the collaborative law approach, the parties may then pursue adversarial court proceedings. |
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In the adversarial system at the beginning of trial proceedings the court asks the defendant whether he pleads guilty or not guilty. |
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The only beneficiary of the adversarial relationship imposed on religion and science two hundred years ago has been meaninglessness. |
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The traditions and proceedings of the Commons are largely derived from a bygone age and none more so than it's adversarial nature. |
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I think there is an adversarial relationship within the sports journalism business. |
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Even making a joke of it initially may break the ice and make you come across somewhat less adversarial. |
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The adversarial system is not serving us well at the moment, not by a long way. |
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Whether a service is performed or engaged in contemplation of adversarial proceedings in court is essentially a matter of judgment. |
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If the color pink angers visiting teams, it only serves to make them more adversarial, not less. |
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The House of Commons is organized along adversarial lines, its proceedings normally controlled by a disciplined party majority. |
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The adversarial system, and the public and official neutrality of the decision makers, are closely related. |
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Critics argued that the concept assumed an adversarial process, whereas most legal matters call for peacemaking. |
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The adversarial relationship in the United States was patched up in World War I by inducting reporters into the US military. |
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The Inquiry we are conducting is inquisitorial and not adversarial in tone, content or character. |
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An adversarial, unsmiling character, Bourdain has a gratuitous grudge against a society whose bourgeois comforts he long ago rejected. |
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But what surprised me most about the meeting was a general agreement that the biggest turn-off was the adversarial nature of the campaigning. |
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Families engaged in contentious, highly adversarial, and prolonged conflict before and during divorce often remain embattled afterward as well. |
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Williams insisted there had been no adversarial relationship between the ministry and the nurses. |
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This is not good for the health of our democracy, since it often casts civil society in an adversarial relationship to the State. |
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Poverty, adversarial weather conditions, including recurrent famines and lack of resources are some factors, which push parents against the wall. |
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The thing about questions like this is that they presuppose an adversarial relationship with clients, and that's so not the case with me. |
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With shared goals, there is less reason for conflict or adversarial relationships. |
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She has obviously had an adversarial relationship with the media for a long time. |
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Our inquiry is inquisitorial, it is not adversarial in conduct or indeed character. |
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Opponents of implementing the inquisitorial system argue the efficacy of the adversarial system. |
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Britain could be forced to give up its adversarial court system in favour of the inquisitorial style favoured in much of continental Europe. |
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The work is very adversarial whereas what I do now is cooperative and collaborative. |
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Better, no doubt, to keep your distance so that you can maintain the coveted adversarial relationship. |
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Moreover, television is an adversarial medium that reports politics through the prism of personal conflict. |
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Our adversarial legal system coupled with political clientism was unable to deal with it. |
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Its tone belongs to the counterproductive adversarial approach of lawyers concerned with litigation. |
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Rather than working on adversarial battle lines, the ideal Prime Minister works towards constructive solutions. |
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Does this create an adversarial relationship between the two of you and your respective staffs? |
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The frontier mentality and adversarial roles are being replaced with new models of sustainability. |
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Hence they are not easy to weigh up their adversarial effects which are not known by the agency of action and at the time of the action. |
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In this tradition, a single judge both investigates and decides a case without benefit of an adversarial trial. |
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It was like a prosecutor and a defense lawyer, and it was kind of this adversarial process. |
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While academia can be on occasion adversarial, it is more commonly competitive and political. |
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Another project was seen as a last-ditch effort to avoid impending labour disputes and an adversarial and antagonistic relationship. |
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It has never had an adversarial relationship with the government. |
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Creating an adversarial relationship with the listener is a mistake. |
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But it is one thing to air such differences in a framework of constructive give-and-take and another to escalate differences of opinion into an adversarial relationship. |
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A lot of people do have a lot of bad faith in the system, and I don't blame them because it is adversarial. |
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In the view of many members, it has become overly formalistic and adversarial. |
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The prosecutor may adopt an adversarial role in the trial process, but the prosecutor should not be a zealot. |
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Once again, a more adversarial and legalistic approach arguably had an effect on the Water Board's standard practice. |
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Sublimity is a complex of undecidables and aporias of which Levi-narrator is only partially aware and which is often in an adversarial relation to his stated intentions. |
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The reason is that it is all too easy for a proceeding to become adversarial because of the presence of two opposing parties. |
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Most of their time is diverted from the children to the adversarial role they find in divorce and separation. |
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Croatia reformed its civil procedure in legislation of 14 July 2003, which replaced inquisitorial with adversarial proceedings in civil cases. |
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The Commission's investigation is a behind-closed-doors process and is inquisitorial, rather than adversarial, in nature. |
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Through this important process, the new criminal procedural code had gone from inquisitorial to an adversarial system. |
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This act replaces an adversarial complaints-based system with a collaborative one as part of the collective bargaining process. |
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They have a much more adversarial relationship with government than we do. |
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For many victims the adversarial journey through our courtrooms is such an ordeal that most vow never to repeat it. |
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It is easy to portray recommendations like these as adversarial, 'us' the investors versus 'them' the companies. |
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He was regarded by the public as not like other politicians because of his distaste for adversarial politics. |
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Cultures where bullying flourishes have been characterised as competitive, adversarial and politicised. |
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Even when a case is sensitively handled, the adversarial system does not always serve victims well. |
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It is more adversarial in nature and provides for better disclosure of the evidence. |
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He would likely have no sense of the adversarial role of a prosecutor, particularly during cross-examination. |
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And the adversarial character of the proceedings tends to promote this process. |
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Then when trade opens up they will be less adversarial to Canadian beans coming in. |
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Even when adversarial situations do arise, an open and participatory process with good dialogue has a greater chance for resolution. |
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In the selection and calling of witnesses our system still remains largely adversarial. |
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Some CFL lawyers do a much better job than others in preparing their clients to accept this departure from normal adversarial practice. |
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In one case, it was indicated that the meetings are of an adversarial nature. |
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Worse, the union will be put in an adversarial position with regard to its member who filed the complaint. |
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Several parties were represented by lawyers and the tone of the hearing was adversarial from the outset. |
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Much has been written about the negative effects of the adversarial system on families and children. |
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Whatever the reason, I'll be wishing him well because, in our adversarial, interrogative culture, there's still a place for Parkinson's gentlemanly, self-effacing approach. |
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The group might have condemned violence while still maintaining an adversarial relationship with the police force. |
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I think we are going to have the most adversarial relationship with those entities of any media outlet with a profile. |
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Despite his personal point of view, May did not take bring an adversarial approach to his interviews with the two judges. |
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That question should be decided by the federal courts with adversarial representation. |
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The idea for having an adversarial presence at Foreign Intelligence Surveillance Court hearings is potentially even a bigger deal. |
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The rapport between Majority Leader Harry Reid and Minority Leader Mitch McConnell is as distant as it is adversarial, Snowe says. |
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For four decades, our adversarial relationship with the Soviet Union was a major issue in presidential elections. |
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A criminal trial is an accusatorial and adversarial process. |
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Businesses are discovering that mediational modes arc cheaper and more effective than litigation-precisely because of the adversarial, zero-sum nature of litigation. |
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Our adversarial political system, coupled to a five-yearly electoral cycle, is sadly blinkering many politicians and commentators to one stark fact. |
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There is nothing chippy or adversarial about him, a passivity which might, to a lazy London casting director, seem at odds with his accent and his scar. |
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One of the participants proposed that it was the adversarial nature of accountability in the democratic system that impeded innovation because it is the Opposition's role to find fault. |
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The unasked questions Although an inquiry is supposed to be investigative rather than adversarial, a weakness of the proceedings was the absence of anything that resembled a cross-examination. |
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Although true dialogue is itself highly 'ethical' in its operation, there are particular devices that you can use to reduce the risk that people will retrench into their starting position or become adversarial. |
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But I gave examples of ways in which, in my opinion, a less adversarial process would be more likely to get closer to an objective truth and to be cheaper and fairer. |
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Common law courts usually use an adversarial system, in which two sides present their cases to a neutral judge. |
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Some would say that it is an adversarial environment, but the antagonism inherent in our parliamentary system is designed to ferret out the truth. |
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The negative impact of adversarial litigation and the ensuing crisis of confidence in legal services is nowhere more apparent than in family law practice. |
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You and your manager should not be forced into an adversarial position, but it often happens at performance appraisal time because of this misunderstanding of the goal and purpose of the review. |
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Both sides appear trapped in the legacy of the Armistice negotiations, bargaining for the last 50 years using basically the same adversarial approach characterized by clinging to rigid positions and talking past each other. |
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If you and your supervisor can stay on the same page with the real purpose of the performance appraisal, the meeting will be more akin to a coach and player discussion than an adversarial encounter. |
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And the second is that, absent agreed or court appointed experts, opinion evidence is likely to be affected by adversarial bias and to be argumentative rather than objective. |
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Unlike courts of common law tradition, ecclesiastical tribunals do not follow the adversarial system. |
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Unless otherwise agreed by the parties, the arbitral tribunal may adopt an inquisitorial or adversarial approach when examining the case, having regard to the circumstances of the case. |
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It also intended to turn the PGR into an independent prosecution service and to reform the judicial system, moving to adversarial oral trials in place of the current inquisitorial approach using written evidence. |
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Anti-discrimination legislation relies heavily on the willingness and capacity of disadvantaged individuals to engage in complex adversarial litigation. |
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The adversarial principle that a person could not be tried until formally accused continued to apply for most criminal cases. |
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It would be too much of a generalization to state that the civil law is purely inquisitorial and the common law adversarial. |
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If the examining judge decides there is a valid case against a suspect, the accused is sent for adversarial trial by jury. |
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Judges in an adversarial system are impartial in ensuring the fair play of due process, or fundamental justice. |
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The adversarial system becomes a modern day trial by ordeal where the witness or the defendant may be subject to the most egregious questioning. |
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The principle of adversarial proceedings is respected since the defence is of course still present at the hearing of these witnesses, whom it is allowed to cross-question freely. |
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This arrangement facilitated an adversarial atmosphere that is representative of the British parliamentary approach. |
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The right to counsel in criminal trials was initially not accepted in some adversarial systems. |
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While adversarial approaches are appropriate to enforce laws, the result in jurisdictions with a predisposition to litigation is often gridlock rather than progress. |
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Cooperation changed into a far more adversarial relationship as the USSR increased its production. |
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Should communication be adversarial or deliberative? |
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Rules of criminal or civil procedure govern the conduct of a lawsuit in the common law adversarial system of dispute resolution. |
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For the Intelligence Community, Aptima applies this expertise to design tools for diagnosing and disrupting adversarial networks. |
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There's no good reason why the district and charters should have an adversarial relationship. |
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They point out that many cases in adversarial systems, and most cases in the United States, are actually resolved by plea bargain or settlement. |
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Colombia operates a system of civil law, which since 2005 has been applied through an adversarial system. |
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He also called on the federal government to embark on a less adversarial system when it came to Aboriginal and treaty rights implementation. |
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It argues that the adversarial system stresses conflict resolution over finding the truth. |
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In theory, and many times in practice, the adversarial system facilitates the search for truth. |
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She is best remembered for her adversarial relationships with other Methodists who objected to a woman having power. |
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The point at which a warrantless inspection becomes an investigation requiring a search warrant is when an adversarial relationship crystallizes between the subject of the investigation and the investigator. |
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But these two principles are not adversarial in all respects. |
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The elections will be seen to have set the direction of change in Russia-be it evolutionary advancement, a consolidation of gains or a backward step to some form of adversarial autocracy-for some time to come. |
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These problems are further compounded by entrenched ideologies and a reluctance from some researchers to even talk to their 'adversaries', let alone discuss the potential for adversarial collaborations. |
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Opponents argued that Africans preferred a less adversarial form of conflict resolution, which corresponded more to the role of the Commission than to the litigious procedures of a jurisdictional body like a court. |
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By way of example, such precautions could take the form of a report drawn up and kept by an official process-server while waiting for adversarial debate to take place on the issue of confidentiality. |
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Because of its adversarial nature, litigation puts pressure on the partnership initiatives, as well as detracting from the policies, programs and resource base of the department. |
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The tenor of hearings before the Tribunal continues to be increasingly adversarial, and the hearing process is increasingly likely to be interrupted by motions and objections. |
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It was remarked in last year's report that the tone of hearings before the Tribunal has become more adversarial and the hearing process more frequently subjected to motions and objections. |
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However, and as the tribunal readily pointed out in its decision, the adversarial process is not necessarily well-suited for resolving complex policy-laden questions. |
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In short, countries that are very different in other respects now face surprisingly similar migration challenges, which need no longer divide them into adversarial camps. |
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This jurisprudentially active role is contrary to the Anglo-American adversarial system, where the parties, not the judge, elicit and present evidence. |
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In the common law system, most courts follow the adversarial system. |
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As a result, the structure of the judiciary differs significantly between the two, with common law judiciaries being adversarial and civil law judiciaries being inquisitorial. |
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The use of the jury in the common law system seems to have fostered the adversarial system and provides the opportunity for both sides to argue their point of view. |
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As an accused is not compelled to give evidence in a criminal adversarial proceeding, they may not be questioned by a prosecutor or judge unless they choose to do so. |
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One of the most significant differences between the adversarial system and the inquisitorial system occurs when a criminal defendant admits to the crime. |
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In addition, adversarial procedure defenders argue that the inquisitorial court systems are overly institutionalized and removed from the average citizen. |
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The distinction between an adversarial and inquisitorial system is theoretically unrelated to the distinction between a civil legal and common law system. |
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In an adversarial system, judges focus on the issues of law and procedure and act as a referee in the contest between the defense and the prosecutor. |
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Everyone gained from this cooperative approach whereas Brunel's more adversarial approach eventually made it hard for him to get anyone to work for him. |
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He makes no secret about his corporatist leanings, which he presents as an alternative to the allegedly more adversarial industrial relations systems in the United States. |
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During their bizarre and nontraditional campaign voyage, Jeff challenged his adversarial candidates to answer voter submitted questions while connected to a lie detector. |
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For many this is an empowering experience, the opposite of a courtroom where they might be re-victimized in an adversarial system intent on discrediting them. |
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The essence of the adversarial system is like the scientific method. |
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Oetgen found the coronial process both inquisitional and adversarial. |
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