THE ADVERSARY SYSTEM OF JUSTICE REQUIRES THAT ALL PERSONS WHO GO BEFORE THE LAW TO SETTLE DISPUTES BEHAVE AS ENEMIES. THE ADVERSARY RATIONALE HOLDS THAT, OUT OF THE BATTLE, TRUTH WILL RISE. THE ADVERSARY PROCESS IS INTRANSIGENT AND POLAR IN NATURE, REQUIRING EITHER-OR STANDS OF JUDGES, ATTORNEYS, AND LITIGANTS. THERE IS LITTLE EVIDENCE THAT CAREFUL THOUGHT HAS BEEN GIVEN TO THE SOURCES, CLAIMS, ASSUMPTIONS, AND IMPLICATIONS OF THE ADVERSARY CONCEPT. TEXTS WRITTEN BY ATTORNEYS FOR EACH OTHER SPEAK OF STRATEGIES AND TACTICS, OFTEN USING TERMS OF BATTLE ('DISARM,' 'DESTROY,' ETC.) IN RECOMMENDING TECHNIQUES FOR EXAMINING AND CROSS-EXAMINING WITNESSES. SOME OF THE RECOMMENDED TECHNIQUES FOR DISCREDITING WITNESSES ARE PARTICULARLY USEFUL IN THAT THEY WOULD NOT APPEAR IN THE TRIAL TRANSCRIPT. FOR EXAMPLE, AN ATTORNEY MAY RISE AS IF TO CROSS-EXAMINE A WITNESS AND THEN INDICATE BY HIS EXPRESSION THAT A CROSS-EXAMINATION WOULD BE FUTILE DUE TO SOME IMPLIED SHORTCOMING OF THE WITNESS. COURTROOM SCENARIOS DEPICTING THIS PRACTICE OF 'SILENT CROSS-EXAMINATION' AND OTHER METHODS USED BY ATTORNEYS TO CONFUSE OR OTHERWISE DISCREDIT WITNESSES ARE PRESENTED, AS IS A CASE HISTORY IN WHICH A RAPE VICTIM IS SUBJECTED TO BRUTAL QUESTIONING BY A DEFENSE ATTORNEY.