This article deals with the difference in the role of the judge in common law and civil law systems.
Common law courts typically use a so-called adversarial system, in which two sides present their cases to a neutral judge. The judge often acts as a referee, as two attorneys argue their side of the case. The judge and the jury listen to both sides, and they will come to a conclusion about the case presented by the attorneys of the parties. Therefore, the common law judicial system is referred to as adversarial system.
Judges in civil-law systems tend to be investigators, working within a framework established by a comprehensive, codified set of laws. This is referred to as investigatory system, in which a judge is involved in the process of developing evidence for both sides.
