An Adversary System in the United State - Assignment Example

Fairness is achieved when an effective petitioner can convince the jury or judge that their view of the case is the right one (Boyack, Connor 2011). The adversarial system has some perceived advantages which include; It tends to test the validity of arguments and this helps in discovering the truth as the adversaries are offered equal opportunities to air their arguments for their case and to critically question the opponent's arguments mainly via witnesses. Also, legal representatives cannot mislead the court through false allegations despite playing a key role in the court.

Objective consideration of the evidence is encouraged by the court via proceedings and rules are being carried out efficiently (Gitman, Lawrence and Carl, McDaniel 2008). The adversarial system is accepted by many communities since it appears to be fair and a sensible method of resolving conflicts or disputes as it satisfies the idea of fair play in a community (Tarakson, Stella 2004). Sources of the law question 8 The law can be sourced from precedents, precedents are sourcing laws from previously made judgments that are judgment passed by some of the intellectual jurists, it is normally used when there is no legislature in a particular situation where changing conditions arises.

Customs-these is ruled in a particular family or district in a particular section or tribe that have, their roots in long usage that are obtained from the force of the law. Legislation-entails declaration of legal rules by a competent authority, it’s a direct source of the law and it is involved in framing new laws while amending old lawsStatutory interpretation-it involves a process of ascertaining expressions and meanings of letters by courts, it involves constructing or interpretation, as for interpretation the court seeks to ascertain meanings of particular legislations and it is through the interpretations that the judiciary comes up with the law.

Preparatory works-the processes that lead to legislation are subsequently used as guidelines on how laws are interpreted and comprehended acts of legislation and this takes place in some legal cultures (Hein, Paul, Garcia & Clair 1994).