Adversarial Legal System Lawyers
United States Adversarial Legal System
As opposed to continental Europe, the United States legal system developed into an adversarial one. In the U.S. system, lawyers are pitted against one another while the judge remains neutral. This system is based on the idea that for every legal issue, there is a good argument to be made on both sides. These good arguments will then be presented to a jury of average citizens.
The European Inquisitorial System
On the other hand, the inquisitorial system developed in Europe relies heavily on the judge to make legal arguments, and to weigh and balance the evidence. In this system, the judge may develop her own ideas about the correct outcome of the case.
Critics of the inquisitorial system argue that it takes the law out of the average person, whose commonsense approach often turns out to be the most just and fair.
Hiring a Civil Attorney
Because the United States system is adversarial, the importance of a good civil attorney cannot be overemphasized. A talented courtroom civil lawyer can persuade jurors that her legal argument represents the correct position.
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Last Modified: 01-04-2012 04:25 PM PST
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