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Legal Terms - equality of arms
The European Court of Human Rights developed this idea in relation to the right to a *fair trial (Article 6). A fair distribution of the possibilities available to the parties in a lawsuit is necessary for equality of arms; for instance, each side must be able to call witnesses and cross-examine those called by the opposing party. Financial assistance may be necessary in certain situations to enable someone with inadequate resources to pay for legal counsel (Airey v. Ireland (App number 6289/73) [1981] (ECHR 1)).
The European Court of Human Rights developed this idea in relation to the right to a *fair trial (Article 6). A fair distribution of the possibilities available to the parties in a lawsuit is necessary for equality of arms; for instance, each side must be able to call witnesses and cross-examine those called by the opposing party. Financial assistance may be necessary in certain situations to enable someone with inadequate resources to pay for legal counsel (Airey v. Ireland (App number 6289/73) [1981] (ECHR 1)).
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