Ken Scalir to appear on Judge Judy on January 18, 2018

[GrenadaRoger]

The US has an Adversarial Legal System

Courts & Judges are not obligated to find truth/facts---it is up to the contesting parties to present evidence and cite law (statue or case) to the court/judge who will weigh all the items presented to reach a decision--the court/judge may add to the presented information by doing its own fact finding/legal research, but the court is not obligated to do that.

I listened radio show again, and paid particular attention to Judge Judie's questioning Scalir re: rent payment refused by the landlord...Judge Judy said "I may be wrong, prove it to me" & "show me"...So Scalir had the opportunity to show that he could not make payment: but he failed---the court was not obligated to investigate/establish that point of evidence for Scalir (adversarial legal system).

last trick of this hand?

Have you ever tried citing law to a small claims court judge? Other than shouting, "Fuck you and your whore mom who created you", there's no surer way to lose a small claims case.

Small claims judge HATE being told the law by non-attorneys -- even if the person is right.

Judge Judy telling Ken "show me / prove it to me" regarding a basic California law is not fair. What was Ken supposed to do? Foresee her odd line of questioning? Whip out a laptop and search the internet to prove the law to her?

It's not surprising that Ken didn't bring proof of attempting to pay the May rent because:

1) This case was NOT about Ken's eviction, but rather his roommate's refusal to pay rent! Ken couldn't have foreseen that Judy would essentially retry the eviction case.

2) It is incredibly standard that landlords don't take your rent during eviction cases in California.

3) The eviction was never about nonpayment of rent, so Ken wouldn't have had any reason to prove he tried to pay it in May. He DID bring proof that he paid the entire 4-month back rent from May-August,.

So what's your alternative to an adversarial system? The court is responsible for pulling facts/evidence out for benefit of the most unorganized, inarticulate of people?? That is impractical as it would be too expensive a court system for the taxpaying public to pay for--ugly, but true

as for fair, both parties to the lawsuit face the same hazards of litigation going in/same rules of evidence and courtroom procedure...and the rules say the parties must prove their claims to the court--so the risk of court room error by one of the parties is equally distributed

a case like Scalir's shows why people go to law school--to learn the law PLUS how the courts work and what is required by judges to reach decisions---the lawyer's tedium of planning & preparing legal briefs and motions presenting evidence and citing laws/code/case law pays off in a favorable decision--Scalir made a mistake of not including in his filing the code section and rules concerning the arbitration not accepting his payment of rent...his oversight cost him....

so Scalir didn't think far enough ahead (although really no fault of his own)...and for the rest of us here's the lesson to come away with: "judges/courts don't know all the laws nor are they willing to do your legal research for you"----one may have a winnable case, but it has to be proven to the satisfaction of the court, and inexperience plus sloppy/lazy preparation can cost a victory.

tough but fair

[Moral Fiber]

video is down, another link?

Look at BeerAndPoker's post, he provided a google drive link in the spoiler.

Is there another working link? I know I'm late to the party, but was interested in watching the show ... this is what I get when I click BeerAndPoker's link:

[BeerAndPoker]

Looks like they finally deleted it or I should say won't let me share it anymore due to ToS.

Here is another link but you may have to download to your computer to watch since all streaming sites are fast to take stuff down. Grab it quickly otherwise it could be gone soon.

 

link in next spoiler tab.

 

next one for real

 

https://userscloud.com/rolapbilwgcs

[Moral Fiber]

Looks like they finally deleted it or I should say won't let me share it anymore due to ToS.

Here is another link but you may have to download to your computer to watch since all streaming sites are fast to take stuff down. Grab it quickly otherwise it could be gone soon.

 

link in next spoiler tab.

 

next one for real

 

https://userscloud.com/rolapbilwgcs

the download is super slow, but it's working (for now).