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California was the first state to abandon the adversary procedure for divorce, where one partner had to prove the other at fault for marriage failure.
While Langbein certainly identifies the development of adversary procedure as a precipitating event that encouraged the establishment of evidence law, he also unequivocally endorses the explanatory principle of jury control.
194) Adversary procedure is governed by a complex network of formal rules, which the judge is responsible for enforcing impartially against the parties.
196) Frequently, proponents claim that adversary procedure is the surest method of arriving at the truth about factual disputes.
207) Not surprisingly, adversary procedure has been criticized for being insufficiently committed to, and insufficiently likely to result in, the discovery of truth.
209) First, adversary procedure is more advantageous to the wealthy because the results of litigation often depend on the skill level of the lawyers the parties can afford to pay and the exhaustiveness of the factual inquiries they can afford to make.
As explained above, adversary procedure vests the parties with responsibility for developing the evidence.
In these eight essays leading thinkers evaluate the political realities, covering such topics as the problem of misplaced sovereignty and its relation to constitutionalism and accountability, the Russian Constitutional Court's long struggle for viable federalism, judge-made principles in theory and practice, whether the constitution matters in the case of freedom of the press, constitutional questions deferred in the unresolved case of the Procuracy, modern Russian political procedure in terms of the adversarial principle and the guilty plea, jury trial and adversary procedure reform, Russia's constitutional project and prospects for the future.