Law Forum : Adversarial System - The Legal System and Lawyers

[Corvo]

Do you think the adversarial system is good for our country or is it bad for our country? I think it's bad because it focuses more of who has the best lawyer and not focusing on fairness. Because of this, the victims are not being protected, the actual criminals are still walking the streets and the innocent are being punished.

It was design that way.

 

[Shikamaru]

so its our own job or what?

Its your obligation, duty to protect and uphold your rights.
No one else will care more about them than you will.

The solicitor, attorney gets paid whether you win your case or not.

 

[Shikamaru]

It was design that way.

Well let's look at the history of the adversarial court system in America.
We have to go back to England.

The courts (originally called the King's Courts since they originated out of his powers) were the King's attempt at monopolizing rights and privileges.

Subjects (citizens) have rights.
Sovereigns (kings and queens) have prerogatives.

The courts were born out of conquest; thus, it is only natural that they were adversarial.
Furthermore, if you go back in further in history (ancient Germanic tribes), the preferred method of court was trial by combat.

Yes, you would literally slug it out against your opponent. The winner prevails.

 

[Corvo]

Well let's look at the history of the adversarial court system in America.
We have to go back to England.

The courts (originally called the King's Courts since they originated out of his powers) were the King's attempt at monopolizing rights and privileges.

Subjects (citizens) have rights.
Sovereigns (kings and queens) have prerogatives.

The courts were born out of conquest; thus, it is only natural that they were adversarial.
Furthermore, if you go back in further in history (ancient Germanic tribes), the preferred method of court was trial by combat.

Yes, you would literally slug it out against your opponent. The winner prevails.

so do you think this trial by combat might work out for us? I do agree with what wrote, it's a shame most don't see the value of how to stay away from committing dumb *** things.

 

[Shikamaru]

so do you think this trial by combat might work out for us? I do agree with what wrote, it's a shame most don't see the value of how to stay away from committing dumb *** things.

Naw. Trial by combat (and by ordeal) are ancient and barbaric proceedings of court.

Combat in courts are done by papers and proceedings today.

The combat is still there.

The proceedings are more "civilized" but it is civil combat.