Private Law Theory

INTRODUCTION
In over three-fourths of all civil trials in the United States, at least one litigant does not have representation. This is particularly problematic because the basis of American litigation is the adversary system, and the adversary system depends on lawyers for its implementation. Under the adversary system, the litigation process is party-initiated and party-controlled. Unlike the ‘inquisitorial system’ in many civil law countries where judges take control of the litigation, the major engine that propels the adversary system in the United States are lawyers for litigants …

Margaret Y K Woo, Connor Cox and Sarah Rosen, Access to Civil Justice, American Journal of Comparative Law, Volume 70, Issue Supplement_1, October 2022, Pages i89–i117. Published: 7 September 2022.