Certified Fraud Examiner Practice Exam 2025 – All-in-One Guide to Master Your Certification!

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What role does the judge play in the Inquisitorial System?

The parties drive discovery

The judge drives discovery

In the Inquisitorial System, the judge plays a pivotal role in guiding the process of discovery. Unlike adversarial systems, where the parties involved are primarily responsible for gathering evidence and presenting their cases, the judge actively participates in the investigation. This involvement ensures that all relevant information is considered, leading to a more thorough and impartial examination of the facts. The judge's role is to oversee the proceedings, direct investigations, and ensure that the legal process is conducted fairly and justly. This can enhance the search for truth, as the judge has the authority to call witnesses and demand evidence, rather than relying solely on the parties to present their cases.

In contrast, the other options do not accurately reflect the dynamics of the Inquisitorial System. For instance, the idea that the parties drive discovery misrepresents the active involvement of the judge, while claiming that investigation is absent completely undermines the fundamental nature of the system. Moreover, suggesting that the defense leads the case does not capture the collaborative role that a judge assumes in overseeing and participating in the unfolding of legal proceedings.

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Investigation is absent

The defense leads the case

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