The American legal system is adversarial. (1) It is a contest in which two or more parties assume opposing viewpoints. Accusations and demands are made, evidence developed and presented, and arguments made. All this proceeds according to statutory rules or common law. Finally, the “Trier of Fact,” typically a jury or judge, assesses the facts and arguments in play and renders a decision as guided, again, by a set of rules that have been developed and refined over decades and even centuries of law.
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