Question

Which of the following statement is INCORRECT?

• A. In an adversarial system, the parties in a legal proceeding develop their own theory of the case and gather evidence to support their claims.
• B. In an inquisitorial system, the judge/decision maker takes a centre-stage in dispensing justice.
• C. Accessibility and affordability to justice are important challenges for the adversarial system of dispute resolution.
• D. The inquisitorial system is generally adopted in common law countries.

Hint:

Remember the key roles:

\textbf{Adversarial} = Judge as a neutral \textbf{referee}. (Common Law)
\textbf{Inquisitorial} = Judge as an active \textbf{investigator}. (Civil Law)

Answer 1

The Correct Option is D

Step 1: Understanding the Legal Systems
The question asks to identify the incorrect statement comparing the adversarial and inquisitorial systems of justice.


Adversarial System: The judge acts as a neutral referee between two opposing parties (the adversaries). The parties and their lawyers are responsible for presenting the evidence and arguments. (Used in Common Law countries like the UK, USA, India).
Inquisitorial System: The judge or a panel of judges takes an active role in investigating the case, examining evidence, and questioning witnesses. The judge is an "inquisitor" seeking the truth. (Used in Civil Law countries like France, Germany).

Step 2: Evaluating Each Statement


(A): This is a correct description of the adversarial system. The parties are in charge of presenting their case.
(B): This is a correct description of the inquisitorial system. The judge is the central figure in the investigation and fact-finding process.
(C): This is a correct and well-known critique of the adversarial system. Because it relies on lawyers and the ability of parties to gather evidence, it can be expensive and challenging for those with fewer resources.
(D): This statement is INCORRECT. Common law countries (like India, UK, USA) generally adopt the adversarial system. The inquisitorial system is characteristic of civil law countries (like France, Germany).

Step 4: Final Answer
The incorrect statement is (D), as it wrongly associates the inquisitorial system with common law countries. Therefore, option (D) is the correct answer.