Which system relies on judges to actively investigate facts and direct the search for truth?

• A. Inquisitorial system
• B. Adversarial system
• C. Common law system
• D. Hybrid system

Answer: (A)

The main idea tested is how truth-seeking and fact-finding are handled by different legal systems. Inquisitorial systems center the judge as an active investigator. The judge directs the investigation, decides what facts need to be explored, gathers and assesses evidence, and may question witnesses or order expert reports. The search for truth is driven by the judiciary’s leadership of the inquiry.

In contrast, adversarial systems rely on the parties to present evidence and argue their cases, with the judge serving as a neutral referee who ensures fair procedure but does not actively direct the investigation. The truth is expected to emerge from the competing presentations of the prosecution and defense.

Common law describes a tradition where case law shapes rules, often within an adversarial framework, while hybrid systems blend elements of both approaches. The distinctive characteristic here is the judge’s active investigatory role, which aligns with the inquisitorial model.