Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Arbitration, Tribunal Adjudication and Alternate Dispute resolution

Question:

Which of the following is NOT correct about inquisitorial legal system?

Options:

The judge/decision maker takes a centre-stage in dispensing justice.

This model of adjudication is also known as the interventionist/investigative model.

Less reliance is placed on cross-examination and other techniques

This system is followed in Australia.

Correct Answer:

This system is followed in Australia.

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.
The adversarial system is generally adopted in common law countries. Major common law jurisdictions include the UK, U.S, Australia and India.