We must remember that Kenya is an adversarial system
and sometimes, poor legal presentation of facts can ruin a good case.
The verdict stated that in an adversarial system
, the role of a judge was that of a neutral umpire, unruffled by emotions, adding that a judge was to ensure fair trial between the prosecution and the defence on the basis of evidence.
ISLAMABAD -- The Supreme Court of Pakistan has ruled that in an adversarial system
, the role of a judge is that of a 'neutral umpire' who is supposed to arrive at a verdict on basis of available evidence and who does not 'enter the arena'.
Marital law, and the lawyers who practice it, are part of what is basically an adversarial system
. The law is designed to deal with the ending of a legally contracted relationship.
Further, the adversarial system
of litigation, currently in vogue, is blended with inquisitorial system to reach a just conclusion.
"We have an adversarial system
in Westminster and it's in our DNA not to co-operate with each other.
As to the working of courts, the British colonials introduced their own Adversarial system
of justice where emphasis was on everyone being heard and then reasoned orders being passed where the judges waxed eloquent and used the nuances of the English language to indulge in unnecessary hairsplitting and relied heavily on precedence, that is previous decisions of courts.
This great endeavour, the petition maintained, undertaken in the interests of justice, however, is destined to remain a patchwork given that it arises from individual cases litigated in an adversarial system
When you add working in an adversarial system
fraught with demanding schedules and heavy workloads, stress often undermines the ability to create an environment in which people naturally come together.
Anyone who has been on related jury service will probably agree that the adversarial system
which allows victims to be shredded of every ounce of dignity in the name of justice needs radical review - as one victim put it 'it was like being raped all over again'.
'In our current adversarial system
, judges passively receive evidence and act as impartial referees between the prosecution and defense,' he added.
Both are important members of the adversarial system
: equal contributors and advocates of justice.