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Example text

Because they lacked that sort of evidence, judgment was for the defendant. I think a good advisor could have helped this couple see that in their outrage about the fire, they had jumped to an unproven conclusion that couldn’t stand on its own in the harsh light of the courtroom. ” And once this question was asked, I think it would have been obvious to the couple that they’d need to ask a mechanic to do a ­detailed examination of the burned car. Is the Evidence Admissible? Okay, you believe your evidence is convincing —that a court would be convinced that the defendant’s actions led directly to the harm you suffered.

They hadn’t thought it necessary, assuming anyone would conclude that the dealer had done the gas line repair incorrectly. I was sympathetic and even understood how they had come to that ­conclusion. Unfortunately, I also knew that they’d flubbed their task of proving to me that the fire had been caused by the dealer’s negligence. Unproven probabilities or suppositions weren’t enough for me to rule in their favor—they needed some hard evidence that the fire really was the dealer’s fault. Or to put it another way, I could declare them the winner only if their evidence led to the conclusion that their theory was more likely to be correct than any other explanation.

It was almost as if they thought the courthouse had a window where winning plaintiffs could go and watch a clerk count out the money due. “The sad truth is,” I’d say, “you’ve just finished the easy part of your case. ” This isn’t the court’s fault. The Legislature has passed many laws to protect people who have little money from losing what is left. These are called “exemptions,” and exempt property includes basic household goods, ­furnishings, and clothing; 75% of wages; $2,300 of equity in a car; and between $75,000 and $175,000 of equity in a house, depending on the age and family status of the debtor.

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