An
inquisitorial system is a legal system where the court or a part of the court is actively involved in investigating the facts of the case, as opposed to an
adversarial system where the role of the court is primarily that of an impartial referee between the
prosecution and the
defense. Inquisitorial systems are used in some countries with
civil legal systems as opposed to common law systems. Countries using common law, including the United States, may use an inquisitorial system for summary hearings in the case of misdemeanors such as minor traffic violations. The distinction between an adversarial and inquisitorial system is theoretically unrelated to the distinction between a civil legal and common law system. Some legal scholars consider
inquisitorial misleading, and prefer the word
nonadversarial. The function is often vested in the office of the
public procurator, as in Russia, China, Japan, Germany and Scotland.