Definition: The word "adversarial" comes from the Greek word "adversus," which means "against." In the context of a legal dispute, adversarial means that both sides present their case in a way that challenges the other side's case. This often involves presenting evidence and arguments opposing one's case.
Hereβs a detailed definition of what an adversarial law suit might involve:
1.
Introduction to Law
- The start of a legal battle.
2.
Opening Statement
- An introduction by the attorney representing the plaintiff, which outlines their case, claims, and defenses.
3.
Argument and Evidence
- The defense presents arguments or evidence opposing the plaintiff's case, such as eyewitness testimony, expert witnesses, or other supporting documents.
4.
Counter-Defendant
- A party who opposes the defendant but who has not presented a defense yet.
5.
Decisioning
- A court hearing each side's arguments and making a decision based on that evidence and evidence provided by each side.
An adversarial trial is often used to determine whether a case falls under certain categories, such as fraud or abuse of process. It provides the defendant with an opportunity to present their case and defenses, while the plaintiff has a chance to rebut each defense presented by the opposing party.
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