[xyzal]

This is IMO part of the problem with common law: the judge rarely inquires into matters before them, instead relying on arguments presented by lawyers, so the party which can afford better lawyers tends to win.

In continental law, judges role is more like an investigator; his/hers role is to establish the facts of the case and to apply the provisions of the code. They are the ones questioning witnesses.

See also: https://onlinelaw.wustl.edu/blog/common-law-vs-civil-law/