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adversarial system
The adversarial system or adversary system is a legal system used in the common law countries where two advocates represent their parties' positions before an impartial person or group of people, usually a jury or judge, who attempt to determine the truth of the case. 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 or group of judges investigates the case.
The adversarial system is the two-sided structure under which criminal trial courts operate that pits the prosecution against the defense. Justice is done when the most effective adversary is able to convince the judge or jury that his or her perspective on the case is the correct one.
==History==
Some writers trace the process to the medieval mode of trial by combat,〔Anne Strick, ''Injustice for All'' (New York: G. P. Putnam's Sons, 1977): 21.〕 in which some litigants, notably women, were allowed a champion to represent them. 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.
抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』
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