Pretrial Discovery and the Adversary System
Pretrial Discovery and the Adversary System

Author: William A. Glaser

Publisher: Russell Sage Foundation

Published: 1968-12-31

Total Pages: 317

ISBN-13: 1610446321

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Presents the results of the first national field survey of how lawyers use pretrial discovery in practice. Pretrial discovery is a complex set of rules and practices through which the adversaries in a civil dispute are literally allowed to "discover" the facts and legal arguments their opponents plan to use in the trial, with the purpose of improving the speed and quality of justice by reducing the element of trickery and surprise. Dr. Glaser examines the uses, problems, and advantages of discovery. He concludes that it is in wide use in federal civil cases, but that while the procedure has produced more information in some areas, it has failed to bring other improvements favored by its original authors.

Complex Litigation and the Adversary System
Complex Litigation and the Adversary System

Author: Jay Tidmarsh

Publisher: West Publishing Company

Published: 1998

Total Pages: 116

ISBN-13:

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A law school level coursebook on complex litigation and the adversary system. The book examines the four ways in which cases can be complex: joinder issues, pretrial issues, trial issues, and remedial issues. The book challenges the reader to consider whether the prevailing doctrines in these areas are consistent with modern adversarial theory, with the aspirations of our system of justice, and with a democratic system's constraints on judicial power. One volume.

Adversarial Legalism
Adversarial Legalism

Author: Robert A. KAGAN

Publisher: Harvard University Press

Published: 2009-06-30

Total Pages: 353

ISBN-13: 0674039270

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Robert Kagan examines the origins and consequences of the American system of "adversarial legalism". This study aims to deepen our understanding of law and its relationship to politics, and raises questions about the future of the American legal system.

Readings on Adversarial Justice
Readings on Adversarial Justice

Author: Stephan Landsman

Publisher: West Academic Publishing

Published: 1988

Total Pages: 260

ISBN-13:

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Includes such presentations as: Introduction to Adversary System; Other Views of Adversary System; The Trial Judge: The Limits of Neutrality and Passivity; Place of the Jury in Adversarial Adjudication; and Lawyers: Their Usefulness, Zeal, and Candor.

Judge Without Jury
Judge Without Jury

Author: John Jackson

Publisher: Oxford University Press on Demand

Published: 1995

Total Pages: 322

ISBN-13: 9780198258896

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Cases connected with the troubles in Northern Ireland have been tried by a judge sitting without a jury in `Diplock Courts'. Given the symbolic importance of the jury within the common law tradition, this study offers the first systematic comparison of the process of trial by judge alone withthat of trial by jury. The authors determine the impact of the replacement of jury trial with trial by a professional judge on the adversarial character of the criminal trial process.

The Origins of Adversary Criminal Trial
The Origins of Adversary Criminal Trial

Author: John H. Langbein

Publisher: Oxford University Press, USA

Published: 2003

Total Pages: 378

ISBN-13: 0199258880

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The lawyer-dominated adversary system of criminal trial, which now typifies practice in Anglo-American legal systems, was developed in England in the 18th century. This text shows how and why lawyers were able to capture the trial.

Fighting for Justice
Fighting for Justice

Author: John Hostettler

Publisher: Waterside Press

Published: 2006

Total Pages: 178

ISBN-13: 1904380298

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Adversary trial emerged in England only in the 18th century. This book focuses on the birth and meaning of adversary trial and also on the historic central role of the lawyer and advocate Sir William Garrow.