Opponents of implementing the inquisitorial system argue the efficacy of the adversarial system. |
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The adversarial system, and the public and official neutrality of the decision makers, are closely related. |
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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 adversarial system is not serving us well at the moment, not by a long way. |
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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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As long as we have an adversarial system we won't be able to really look at that. |
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Whenever we have an adversarial system whereby people are encouraged to allege things that do not occur, it must be changed. |
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I really wonder if we've actually done a disservice because we got into the adversarial system. |
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Nothing will work well in our adversarial system if the adversaries do not know what they are doing. |
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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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Even when a case is sensitively handled, the adversarial system does not always serve victims well. |
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Much has been written about the negative effects of the adversarial system on families and children. |
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Ours is an adversarial system, one which simply grinds to a halt if one of the adversaries won't even step into the ring. |
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In our adversarial system, litigants and their lawyers are responsible for presenting the case and persuading the trier of fact. |
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Maybe even more difficult is the question of how direct judicial communications would fit into an adversarial system. |
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The judicial system in Mauritius is largely inspired by the British adversarial system of litigation. |
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But in our adversarial system, judges have the independence and authority to lead the other players. |
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Traditionally, Inuit culture does not rely on an adversarial system of dispute resolution. |
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The Penitentiary and Prison Code also had to be amended in order to implement the new adversarial system of criminal justice. |
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There may still be lawyers who view mediation as a fundamental challenge to their views of the adversarial system, particularly when mediation is imposed on them. |
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Resources now used in settling claims in the current adversarial system can be saved and better applied to this economic development for the good of all. |
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The adversarial system gives the parties and their counsel considerable leeway and the relevance and importance of evidence may be difficult to assess accurately as it is being presented. |
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This system requires the confrontation of the accused within an adversarial system, a finding of guilt, and sentencing consequences that may take a convicted individual out of the community for a period of incarceration. |
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The foundation of our adversarial system of decision-making is that the best and the brightest, usually with the most experience and knowledge, will sit in judgment of others. |
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The adversarial system doesn't know who's guilty or who's innocent. |
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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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His or her opinion will be subject to intense scrutiny in an adversarial system by lawyers who most certainly will try to obtain a contradictory opinion from another colleague. |
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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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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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In addition, it has the potential to set up an adversarial system among REBs asked to review and reassess the work of the other whether within the same institution or outside. |
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Defence counsel under the new adversarial system of criminal justice will be chosen freely by the accused or alternatively by the National Public Defenders System. |
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The complainant was advised that in an adversarial system, the prerogative belonged to the parties to contest orders and to set the record straight. |
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For this purpose, policies have been established for continuous follow-up and training of prosecutors, judges and other competent officials in all aspects of the adversarial system. |
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I've struggled to understand how society can throw parents into an adversarial system and expect them to emerge as partners focused on mutually raising healthy, sound children. |
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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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Unlike courts of common law tradition, ecclesiastical tribunals do not follow the adversarial system. |
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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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Judges in an adversarial system are impartial in ensuring the fair play of due process, or fundamental justice. |
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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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In the common law system, most courts follow the adversarial 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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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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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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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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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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