Target Exam

CUET

Subject

Legal Studies

Chapter

Arbitration, Tribunal Adjudication and Alternate Dispute resolution

Question:

Which of the following is not a disadvantage of an adversarial system ?

Options:

The cost of the Justice system falls on the litigant

Lawyers and procedural formalities have potential of prolonging the trial and delaying the matter

As parties have more control over the process they are more willing to accept the results

Judge plays a passive role and is not duty bound to ascertain the truth

Correct Answer:

As parties have more control over the process they are more willing to accept the results

Explanation:

The correct answer is Option (3) → As parties have more control over the process they are more willing to accept the results

This reflects a potential advantage of the adversarial system, as it emphasizes party autonomy and the belief that if parties are actively involved in the process, they are more likely to accept the outcome, even if it is not in their favor. In contrast, the other options listed describe disadvantages associated with the adversarial approach.

The other options are all disadvantages of the adversarial system:

The cost of the Justice system falls on the litigant: In an adversarial system, the parties are responsible for paying their own legal fees and court costs. This can make it expensive for individuals to access justice.

Lawyers and procedural formalities have potential of prolonging the trial and delaying the matter: The adversarial system can be time-consuming and expensive, as lawyers often employ various tactics to delay the proceedings or present evidence that may not be relevant to the case.

Judge plays a passive role and is not duty bound to ascertain the truth: In an adversarial system, the judge's role is primarily to ensure that the proceedings are fair and impartial. They do not actively investigate the facts of the case or try to determine the truth. This can lead to situations where the truth is not fully revealed.