Chapter Four: The Legal System and Its Players. The Adversarial System of Justice. The adversarial system of justice is the American trial procedure which is derived from English common law and applies to both criminal and civil cases.
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** Contrasted to the European inquisitorial approach in which judges are the main participants and they control the presentation of evidence as well as the questioning of witnesses. The attorneys, representing both sides, play a secondary role.
** Federal, Article III courts are in contrast to judicial bodies established by Congress under Article I and are known as legislative courts which include bankruptcy judges and federal magistrates.
* An exception is that a state court may her a case pursuant to a Federal Civil Rights Act.
Are federal and state court judges subject to political and public pressure? If so, how?
What offender characteristics affect judicial decision ?
Do judges stereotype offenders?
* The U.S. Supreme Court cases, In re Gault and In re Winship, have upheld the Due Process Clause of the Fourteenth Amendment in juvenile proceedings.
* A counterargument to ADR is that litigants have a right to trial by judge or jury.
* Public Perceptions.
Should states, not the ABA, discipline lawyers who overcharge or perform badly?
* Info-Trac Key Word: Adversarial system