You Have the Right to Trial, But…

Our legal system is based on democratic principles. In a free society we all have rights and obligations.

In a lawsuit, judges dispense justice based on legal rules.

Simply put, judges decide:

• if you ran the red light, you are guilty

• if the light was green, you are in the clear

• if the light was yellow, you could be guilty or innocent

You’re still innocent, guilty or unsure until a judge decides what happens to you.

Your lawyer presents your story to a judge or jury to answer your legal questions. Lawyers persuade a judge that the facts warrant the legal relief you seek.

Judges decide if, based on the evidence, you have a legal remedy. You win – provided you have survived the process.

Why Lawsuits Have No Guarantees

What really happens at trial?

Evidence to prove the truth is unstable and unreliable when it comes from humans. Witness evidence gets twisted, misunderstood and misinterpreted under cross-examination.

We all know what happens if the glove does not fit – the jury must acquit.

The court system has evolved from trial by inquisition. It cannot guarantee who is telling the truth. A single word can cause you to lose your case.

Here’s what happened to Sam.

Sam thought all he had to do was testify in court. A judge would then automatically believe him without witnesses. He was wrong.

Sam’s neighbour, Mary, was his witness. All she needed to say was, “It happened in 1999 and not 2000”.

Mary was to corroborate Sam’s story about the year he fired his housekeeper for stealing. He fired the housekeeper three months after she started working for him in 1999. Sam thought telling the truth was all he had to do to win.

Check out my next post to find out what happened next.