The Moity Law Firm

Here, there and in casual conversations, I have spoken with people who have had horrible experiences with the court system. For those who have had these problems, read closely…

For most people, litigation is the last resort. Few enjoy a courtroom packed with loud lawyers, intense judges and strangers studying our every move. Unfortunately, some situations arise in which court involvement is necessary for a controlled conclusion.

To make matters even more tense, most who enter the legal system are not sure what the result is going to be.

So, to the person who may experience the anxiety of being thrust into
something new, I offer you a few tid-bits of knowledge concerning (1) the importance of preparation and (2) the court’s reasoning process. Both of these topics may help you to “hedge your bet” when faced with the confusing law or the ominous court environment.

First, at its simplest function, a court’s goal is fair and impartial treatment of parties with competing interests. In the process, the court will focus on the law with a secondary focus on the common good (as the law is presumed to be a guide to the greater good). Then, when presented with facts, the court attempts to balance the competing interests of the parties based on the law and strength of the facts presented.

Detailed facts, and the truthfulness of those facts, have huge value. Details, such as time, place, and condition of the situation giving rise to the trial, helps the court better understand how something happened. Simply, details are crucial.

Another reason why detailed facts are so important is that they give a clearer picture of what happened. When facts presented are vague, the reception of those facts by the court may not be very clear. When that happens, the picture it receives is unclear. As a result, the trial conclusion may not necessarily reflect the actual happening that gave rise to the litigation, because the picture given to the court was distorted.

Unfortunately, the evidence and past facts are all we have. To show exactly what happened without any margin for error, we need a time machine to bring the judge back in time to see the events unfold in real-time. This is impossible, so, the court does the next best thing. Our system is limited to recreation of past events, through facts presented by lawyers or the parties to show their versions of what happened (i.e. witnesses and evidence).

Accordingly, the weight and strength of the facts presented, to recreate the actual happening, are absolutely of the highest importance. The detailed facts of an event giving rise to litigation have a huge impact
on how a judge will rule. And, most of the time, the person best positioned to accumulate the facts will be the party involved in the litigation.

So, how can a person hedge his bet when forced into any litigation?
Document, document, document! Make a journal, aggregate receipts, have lists of good witnesses, etc. You want to recreate the event as best you can. Diligence and organization are virtues the court respects as it is our system’s goal to make a ruling that most closely reflects what happened. This applies to any area of the law.

Now, understanding how courts apply the law to facts will further help
you understand our system of justice and increase the odds of a positive outcome. With that being said, most judges rule in the following ways:
1.When the rule of law is clear and the facts are clear, then the ruling by the judge is (or should be) clear.
2.When the rule of law is clear and the facts are unclear, a ruling is made based on the strength of the evidence presented by the parties.
3.When the rule of law is unclear and the facts are also unclear, the judge is forced to make a “value judgment”.

When having the better detailed facts (and hopefully with the law on your side), situations one and two are the best places to be. Situation three, creates more uncertainty. “Value judgments” are rulings that the court will make to the best of the judge’s knowledge and ability. In this situation, the judge must have the ability to balance interests of the par-
ties and make a decision. The “pickle” is that each judge’s value system may “Hedge Your Bet” vary. But, in Louisiana, our judges are elected (as opposed to appointed, as in other states). Consequently, all members of the community have an opportunity to put those people on the bench that have our representative value system to make decisions.
I hope this basic approach to understanding our legal system helps all of you.

And, may your new year bring you a wealth of happiness and good health.

-Mike Moity