The Fight Theory And The American Legal System Essay

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The aim of the legal profession is to seek out the truth and provide justice for those who were wronged. Lawyers represent clients who are on opposite sides of the case, and who most often have opposite views of the truth. In the legal system there exist two opposing views on the method of uncovering the truth. Many people do not think that these two systems can coincide and believe that they remain separate in their procedure and efficacy. The truth system is one which asserts that a methodical, calm inquiry be undertaken into all the available evidence to ascertain as nearly as possible the truth. The other theory for helping to decide cases is the adversary or fight system. This occurs when each side strives to bring to the court or jury’s attention the evidence most favorable to their side of the case.

The American legal system is based on the idea of the fight system. Lawyers are hired by their clients in order to win the case for them, and to bring out only the information necessary to win their case. Many people contest that the fight system has become “dangerously excessive”, with lawyers leaving out facts pertinent to the case.

I think that the fight system, for all intents and purposes, is the best and most efficient path to the truth. In the court of law in America, one party, be it the judge or the jury, must deliberate and come up with a verdict in favor of one of the two sides represented in the court room. The lawyers must use their knowledge of both the legal system and the facts of the case to convince the deciding factions to rule in favor of their client.

Taking an excerpt from Jerome Frank’s The Fight Theory versus the Truth Theory, he says that, “we obtain the...

Jerome Frank - The Fight Theory versus the Truth Theory You should cite this paper as follows:

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