Which is NOT a characteristic of the adversarial system?

Get ready for your SACE Stage 2 Legal Studies Exam. Enhance your understanding with engaging multiple choice questions and explanations. Stay confident and prepared!

The characteristic of the adversarial system focuses on the idea that two opposing parties present their cases before an impartial judge or jury. This system is built on the premise that through the competition of both sides, the truth will emerge. In this context, the role of the court is primarily to serve as a moderator that ensures both parties have a fair opportunity to present their evidence and arguments.

In this system, judges do not actively investigate the facts but instead rely on the parties involved to bring forth evidence and witness testimonies. The judge's role emphasizes oversight, ruling on legal matters and ensuring that the trial follows appropriate legal procedures and standards of fairness. Therefore, the characteristic of the court investigating the facts does not align with the principles of the adversarial system, making it the correct answer to the question.

Other options reflect attributes that are integral to the system, such as moderation by the court, the presentation of evidence by both parties, and the judge making rulings to maintain fairness throughout the proceedings, all of which are fundamental aspects of how the adversarial system operates.

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