Practicing Success

Target Exam

CUET

Subject

Legal Studies

Chapter

Judiciary

Question:

Mehak has a litigation to determine her right to a property situated at the Rampur. She is represented by a lawyer in the court of law who gathers evidences in the matter and participates in cross-examination and scrutiny of evidence. The judge patiently listens to the lawyers from both sides and decides the matter solely on the basis of evidences. This system of dispensing justice is popularly known as:

Options:

Common law system

Inquisitorial system

Roman law

Adverserial system

Correct Answer:

Adverserial system

Explanation:

Courts in India follow the adversarial system of adjudication as opposed to the inquisitorial model followed in several civil law countries. In an adversarial model, the role of lawyers representing the party becomes vital. Lawyers of the opposing parties present their cases before a neutral judge who in turn provides a decision based on the merits of the case, as presented by the lawyers. In the inquisitorial system of law, on the other hand, judges are more pro-active in adjudicating the matter. Rather than acting as neutral judges, they have rights to inquire and probe into the matter, much like a police. Here the role of lawyers representing the party and the role of judge cumulatively becomes important in determining the manner in which a civil case or criminal trial proceeds.