Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Arbitration, Tribunal Adjudication and Alternate Dispute resolution

Question:

Assertion (A): An inquisitorial system also known as the interventionist/investigative model.
Reasoning (R): In Inquisitorial System less reliance is placed on cross-examination and other techniques often used by lawyers to evaluate evidences of their opposing counsel.

Options:

Both A and R are correct and R is the correct explanation of A.

Both A and R are correct and R is not the correct explanation of A.

A is correct but R is false.

A is false but R is correct.

Correct Answer:

Both A and R are correct and R is not the correct explanation of A.

Explanation:

In an inquisitorial system, the judge/decision maker takes a centre-stage in dispensing justice. The role of the judge/decision maker is active as he/she determines the facts and issues in dispute. The judge/decision maker also decides the manner in which the evidence must be presented before the court. For example, the judge may decide for presentation of a specific form of evidence, i.e. oral (witness statement) or documentary (correspondence between the parties through letters/emails) or a combination of both. The judge then evaluates the evidence presented before him/her and decides upon the legal claims. Therefore, this model of adjudication is also known as the interventionist/investigative model. Furthermore, in such a system, less reliance is placed on cross-examination and other techniques often used by lawyers to evaluate evidences of their opposing counsel.