LAWS 1000 Lecture Notes - Lecture 17: Collaborative Law, Inquisitorial System, Adversarial System
Document Summary
Review: brooks, primary goal was to explain how the adversarial process impacts the process of adjudication. Saunders, what happens in adjudication is that cases are essentially closed. We see resolution of the dispute, because there is an agreement in the case. They decide what evidence they will raise and what argument they will make. The parties have a fairly compelling degree of power. If you decide to go to court and put your dispute in the hands of the judge, you lose power. As long as you remain outside the threshold of the court, you have a great deal of control over the resolution: the principle of party prosecution, the judge has control over the outcome of the case, brooks. Why adversarial presentation is the best means for fact-finding. It is so good at getting the facts because we understand adversarial system.
