In the Adversarial system, what is the judge's role?

• A. The judge actively investigates facts and questions witnesses
• B. The judge acts as a referee ensuring fair procedure, not actively investigating facts
• C. The judge is chosen by the defendant
• D. The judge eschews observing the trial

Answer: (B)

In the adversarial system, the truth is sought through the competition between the parties, each presenting their evidence and arguments. The judge acts as a neutral referee who ensures the trial proceeds fairly and rules on procedural matters. This includes deciding what evidence is admissible, ruling on objections, and instructing the jury on the applicable law. The judge does not actively investigate facts or question witnesses; that role belongs to the parties and their attorneys through examination and cross-examination. Even in a bench trial, the judge’s primary function is to apply the law to the evidence presented and render a decision, not to pursue independent fact-finding. This neutral oversight preserves due process and the integrity of the adversarial process.