What is the adversarial system? Most of us have probably never considered the fact that our legal system is not the only legal system used. For example, some well-known countries employ a system called the inquisitorial system. France, Spain, Italy, and Japan all use the inquisitorial system or aspects of it.

The United States inherited the adversarial system, from England, and its origins date back to the Medieval period. The Middle Ages or Medieval period began with the fall of the Roman Empire in 476 AD. In 1066, William the Conqueror conquered England, and introduced a feudal system of governing, where the land was given to those who had helped William win. This was the period of knights, lords, and all that went with it.

As crazy as it might sound, it is from this period that the adversarial system first emerged. It is rooted in the “trial by fire” ideals that existed in this period. If a person’s guilt or innocence were at stake, they would often be tested, using a “trial by fire.” The idea was, of course, that if they were innocent they would survive. At times this would take the form of a battle to the death, particularly when two people were at odds with one another. Here the idea being that the righteous, or innocent, one would prevail.

As English law move from the battlefield into the courtroom, this former idea of “trial by fire” was integrated into the system. Rather than two people battling it out with swords and knives on the battlefield, they battled it out in the courtroom, eventually in front of a jury. The thought was that, so long as a judge was present to essentially act as the umpire to keep things fair, from this rigorous battle between the two opposing sides the truth would emerge.

This is why our legal system is referred to as an “Adversarial System.” Two parties enter the courtroom, battle things out verbally, and from this the truth emerges. Well, at least that’s the way it is supposed to work. Of course, there are times when it does not work this way.

The Adversarial System is in full use today, in the United States and England. If you’re currently looking for an attorney, then we appropriately say – welcome to the adversarial system!