ADVERSARY

adversary (ad-v<<schwa>>r-ser-ee), n. An opponent; esp., opposing counsel. adversary,

adversarial,adj.
ADVERSARY PROCEDURE
adversary procedure.See ADVERSARY SYSTEM.
ADVERSARY PROCEEDING
adversary proceeding. 1. A hearing involving a dispute between opposing parties <Judge
Adams presided over the adversary proceeding between the landlord and tenant>.2.Bankruptcy. A
lawsuit that is brought within a bankruptcy proceeding, governed by special procedural rules, and
based on conflicting claims usu. between the debtor (or the trustee) and a creditor or other
interested party <the Chapter 7 trustee filed an adversary proceeding against the party who
received $100,000 from the debtor one week before the bankruptcy filing>. [Cases: Bankruptcy
2156. C.J.S. Bankruptcy 26.]
ADVERSARY SYSTEM
adversary system. A procedural system, such as the Anglo-American legal system, involving
active and unhindered parties contesting with each other to put forth a case before an independent
decision-maker. Also termed adversary procedure; (in criminal cases) accusatorial system,
accusatory procedure. Cf. INQUISITORIAL SYSTEM.
The term adversary system sometimes characterizes an entire legal process, and sometimes
it refers only to criminal procedure. In the latter instance, it is often used interchangeably with an
old expression of continental European origin, accusatorial procedure, and is juxtaposed to the
inquisitorial, or nonadversary, process. There is no precise understanding, however, of the
institutions and arrangements denoted by these expressions. Mirjan Damaska, Adversary
Procedure, in 1 Encyclopedia of Crime and Justice 24, 2425 (Sanford H. Kadish ed., 1983).
ADVERSE
adverse. 1. Against; opposed (to).2. Having an opposing or contrary interest, concern, or
position. 3. Contrary (to) or in opposition (to).4.HOSTILE.
ADVERSE-AGENT DOCTRINE
adverse-agent doctrine. The rule that an agent's knowledge will not be imputed to the

principal if the agent is engaged in fraudulent activities that are concealed as part of
the fraud. [Cases: Principal and Agent 180.C.J.S. Agency 440, 442.]
ADVERSE AUTHORITY
adverse authority.See AUTHORITY(4).
ADVERSE-DOMINATION DOCTRINE
adverse-domination doctrine. The equitable principle that the statute of limitations on a
breach-of-fiduciary-duty claim against officers and directors (esp. a corporation's action against its
own officers and directors) is tolled as long as a corporate plaintiff is controlled by the alleged
wrongdoers. The statute is tolled until a majority of the disinterested directors discover or are put
on notice of the claim against the wrongdoers. The purpose of this doctrine is to prevent a director
or officer from successfully hiding wrongful or fraudulent conduct during the limitations period.
FDIC v. Shrader & York, 991 F.2d 216, 227 (5th Cir. 1993). This doctrine is available only to
benefit the corporation. Also termed adverse dominion; doctrine of adverse domination. [Cases:
Limitation of Actions 58(4, 5). C.J.S. Limitations of Actions 205.]
ADVERSE DOMINION
adverse dominion. 1. See ADVERSE-DOMINATION DOCTRINE. 2.Torts. Rare. The

unlawful exercise of authority or control over goods so that the true owner is dispossessed. See
CONVERSION(2).3.Rare.ADVERSE POSSESSION. [Cases: Limitation of Actions 58(4, 5).
C.J.S. Limitations of Actions 205.]
ADVERSE EASEMENT
adverse easement.See prescriptive easement under EASEMENT.
ADVERSE EMPLOYMENT ACTION
adverse employment action.An employer's decision that substantially and negatively affects
an employee's job, such as a termination, demotion, or pay cut. Also termed adverse job action.
ADVERSE ENJOYMENT
adverse enjoyment.See ENJOYMENT.
ADVERSE IMPACT
adverse impact.See DISPARATE IMPACT.
ADVERSE INFERENCE
adverse inference.See INFERENCE.
ADVERSE-INFERENCE RULE
adverse-inference rule. See ADVERSE-INTEREST RULE.
ADVERSE INTEREST
adverse interest. An interest that is opposed or contrary to that of someone else.
ADVERSE-INTEREST RULE
adverse-interest rule.The principle that if a party fails to produce a witness who is within its
power to produce and who should have been produced, the judge may instruct the jury to infer that
the witness's evidence is unfavorable to the party's case. Also termed empty-chair doctrine;
adverse-inference rule. [Cases: Criminal Law 788; Evidence 77; Trial 211. C.J.S. Criminal
Law 1341; Evidence 169173; Trial 501504, 568.]
ADVERSE OPINION
adverse opinion. See OPINION(2).
ADVERSE PARTY
adverse party. See PARTY(2).
ADVERSE POSSESSION
adverse possession. 1. The use or enjoyment of real property with a claim of right when that
use or enjoyment is continuous, exclusive, hostile, open, and notorious. In Louisiana, it is the
detention or enjoyment of a corporeal thing with the intent to hold it as one's own. La. Civ. Code
art. 3421. Also termed adverse dominion. Cf. PRESCRIPTION(5). [Cases: Adverse Possession
195. C.J.S. Adverse Possession 2225, 263299, 327338; Conflict of Laws 76.]
constructive adverse possession. 1. Adverse possession in which the claim arises from the
claimant's payment of taxes under color of right rather than by actual possession of the land.
2.Louisiana law. Adverse possession by operation of law. When a possessor holds title to the
property and corporeally possesses part of it, the possessor is deemed to have constructive
possession of the rest of the property described in the title. La. Civ. Code art. 3426. [Cases:
Adverse Possession 8695. C.J.S. Adverse Possession 210225, 263, 265267, 277, 279, 291,
293, 299.]

2. The doctrine by which title to real property is acquired as a result of such use or enjoyment
over a specified period of time. See POSSESSION.
ADVERSE PRESUMPTION
adverse presumption.See adverse inference under INFERENCE.
ADVERSE TITLE
adverse title.See TITLE(2).
ADVERSE USE
adverse use.See USE(1).
ADVERSE WITNESS
adverse witness.See hostile witness under WITNESS.
ADVERSUS
adversus (ad-v<<schwa>>r-s<<schwa>>s), prep. [Latin] Against. The first letter of this
term was formerly used in law reports in place of the more commonly used v. (versus). Abbr.
a.
ADVERSUS BONOS MORES
adversus bonos mores. See CONTRA BONOS MORES.
ADVERTENT NEGLIGENCE
advertent negligence. See NEGLIGENCE.