HOW COURTS MAKE RULINGS
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 rulein 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 willmake to the best of the judge’s knowledge and ability. In this situation, the judge must have theability to balance interests of the parties and make a decision. The “pickle” is that each judge’s value system may 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.