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What Is The Difference Between Fight Theory And Truth Theory

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The fight theory and truth theory are two different approaches to the legal system that can impact the way courts and judicial processes operate. Fight theory is focused on adversarial advocacy, where each side presents arguments and evidence to try and win the case. In this approach, the legal system is seen as a battleground where lawyers compete against each other to win the case for their client. The fight theory assumes that the truth will emerge as a result of the adversarial process and that the best way to uncover the truth is to have each side fight it out in court. On the other hand, truth theory is focused on finding the objective truth of the matter at hand. This approach assumes that there is a single objective truth that can be …show more content…

Board of Education (1954), this landmark case sought to end racial segregation in public schools. The lawyers representing the plaintiffs presented factual evidence and argued that segregation was unconstitutional and harmful to children’s education. The Supreme Court ultimately ruled in favor of the plaintiffs based on the evidence presented. Another example would be the O.J. Simpson Trial (1995), the prosecution in this high-profile murder case presented forensic evidence, eyewitness testimony, and other factual evidence to support their case. While the defense argued passionately on behalf of their client, they did not present evidence to refute the prosecution’s case. Unfortunately, the defense flipped the trial into a race-related trial claiming the police were corrupt and the major mistake was allowing O.J. to try on the blood-soaked glove where the famous line “if the glove doesn’t fit, you must acquit.” O.J. Simpson was acquitted of the …show more content…

In many cases, there may be multiple competing versions of the “truth”, and it can be challenging to determine which version is the most accurate. Additionally, even if a decision-maker (judge or jury) is able to determine the “truth” it may not always be possible to translate this into a fair or just outcome for all involved parties. Another issue with the truth theory is that it can prioritize factual accuracy and evidence-based decision-making at the expense of other important values such as fairness, equity, and social justice. This approach can be particularly problematic in cases where the evidence is unclear or ambiguous, or where the legal system is biased against certain groups or

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