The role of the anglo american judge may be

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the game in some other respect ... The role of the Anglo-American judge may be relatively passive because knowing nothing of the case at the outset, he must learn about it as it proceeds, but the reason for giving the leading role to the parties and their lawyers has to do with certain deeply held views about the best way to get at the truth, or something akin to it, in the course of a court hearing. It is thought best to let the parties battle it out, each presenting and defending a consciously one-sided view of his own case, with the judge standing passively by, essentially seeing simply that the rules of the game are observed ... The 'adversary procedure' which common lawyers see as the ruling principle of procedural law manifests itself in this determined if regulated confrontation between the parties to the lawsuit. In Germany and neighbouring countries in Continental Europe procedural law is rather based on the idea that it will be easier to get at the truth if the judge is given a stronger role: he should be entitled, indeed bound, to question, inform, encourage, and advise the parties, lawyers and witnesses so as to get a true and complete picture from them, as free as possible from inconsistency and ambiguity, and to counteract any mistakes due to lack of care or skill on the part of the suitors or their attorneys. It is true that the German judge cannot of his own motion call a witness simply because his evidence might cast light on the matter; it is also true that in normal civil litigation the Judge may take account only of what has been led in evidence. Even so, writers from the Common Law ... describe the German civil trial, as compared with the Anglo-American trial, as 'inquisitorial', and the German judge as ... constantly descending to the level of the litigants as an examiner, patient or hectoring, as counsellor and advisor, as insistent promoter of settlements... There is [also] a complex set of rules, called the 'laws of evidence', which determines what evidence may be given by witnesses and what questions they may be asked in examination and cross-examination. There is no counterpart for this in the Civil Law, where evidence is heard by professional judges who, in a civil suit, should get to hear everything; after all, they are experienced, even hardened, enough to make a 'free evaluation of the evidence' and separate the grain from the chaff . ..... (taken from AN INTRODUCTION TO COMPARATIVE LAW 2nd ed, by K Zweigert & H Kotz, translated by T Weir, pp. 280 - 284) 37
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CO5119:03 Business Law SUBJECT MATERIALS >> SCHOOL OF LAW JAMES COOK UNIVERSITY The effect of the choice between the adversarial and inquisitorial models of trial is further discussed in the following extract: ¶716 The adversary system: historical factors As mentioned earlier, the judicial system used in common law countries (which includes Australia and most countries which have been part of the British Empire) follows the adversarial model to a large extent, while the civil law systems (operating in Europe and
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