The term "adversary" means "opponent". The adversarial system is characterized by the principle of judicial unpreparedness (the judge should be impartial and unbiased and not descend into the arena to have his mind clouded / a judge who opens his mouth closes his mind). The judge functions as an umpire; he has to ensure fair play in the trial. That is especially true in a criminal trial, where the presumption of innocence is to be maintained by the court. In the adversarial system, the trial is the centerpiece of litigation (important role of cross-examination, few functions of the pre-trial phase, surprises left for the trial).

The object of the English justice system is not the discovery of the truth, but the promotion of a fair trial in open court before an independent judge. The justice system is seen as an arena where every citizen can state his views and try to convince the judge.

Since 1985, prosecution is carried out by the Crown Prosecution Service (CPS). Before that, it was conducted by the police (maggy ct.) or a law firm (Crown Ct.). In Scotland, where there is an inquisitorial system, the Procuracy (neutral body) conducts the pre-trial phase (looks for all evidence).

Principles:
(1) The judge must not intervene unduly; Judge is not allowed to call witnesses.(this can be ground for appeal).
(2) The truth is best discovered by strong statements on both sides of the equation.
(3) Every party is responsible for its witnesses, the disclosure of evidence, researching the relevant law, and for expert testimony.

Inquisitorial system: Judges investigate and conduct the pre-trial phase.
Advantage: truth comes out, chanches for success do not depend so much on the lawyers, disclosure of relevant evidence is ensured.
Disadvantages: rubber stamping of foregone conclusions, preoccupied judges.