Then Judge Belken rises again, and the Bailiff proclaims the customary prayer:  "O God the fount of justice and of honor, mayest Thou give Thy wisdom and justice to this Court, and peace and truth to all who are here.  Amen."

(Telador is a secular nation, which is why this prayer is not any longer or more specific - it's designed to be unobjectionable to most people.

Not to everyone, of course.  Just last month, the Telador Senate received yet another petition to change it from the Materialists' League.  It was rejected, just like the previous seventeen petitions:  most citizens agree it's actually important to ask God for wisdom and justice, and even those who don't admit it won't do any harm or keep anyone from bringing cases in Court.)

Then Judge Belken sits once more, and says himself, "May those who have business before this honorable Court come forward."

Morell rises and steps forward.  "I, Morell Kender, a person and citizen of Sarkoris, do indict and cite Geryl Turlon of Telador before this his Court on the charge of theft, to wit, destruction of property."

Geryl (who'd been expecting this even before getting the official notice the day before yesterday) also rises, and bows before the Court because it's his nation's court.  "I reserve my plea."

"Bill your plaint."

(In other words, "Lay out the specifics of your complaint."  Telador likes using the more archaic language.)

"Item:  Mr. Turlon and I own rowhouses next to each other with a common wall.

"Item:  On the thirteenth of Foresummer being seven days ago, when I left my rowhouse for work, I left my mostly-complete project - a model plane - on the floor of my sitting room next to my common wall with Mr. Turlon's rowhouse.

"Item:  When I returned that evening, I saw the floor of that side of my sitting room sopping wet, and my Project ruined.

"Item:  Upon expert testimony, I later learned my carpet also to be ruined, and elaborate measures needed to prevent further damage to my house.

"Item:  Upon information and belief, said water was due to overflow from Mr. Turlon's plumbing."

(He's not bothering to say yet that the "information and belief" includes Geryl admitting to it that same evening.  It's not like he expects him to deny it now.)

"Do you take an oath?"

"Upon my honor and with God as my witness, all this is so."

(This is one of the typical forms of legal oath across nations.  It merges a secular pledge upon the individual's honor with a religious pledge to God (specifically to God, not by God).  The concept of someone's honor is typically understood to center on their self-respect and their capacity to hold themself to future pledges, though it also does include reputation.  The pledge "as God is my witness" is historically understood as not calling God to hold to the oath (which many religions hold presumptuous), but as a pledge to God by the speaker's relationship with God.)

(Morell isn't consciously thinking about all this, of course; nor is Judge Belken in the moment.  But this's how this typical oath came about.)

The judge nods.

"As alleged, this is at first light a case of theft.  Mr. Turlon, bill your plea?"

(In other words, Morell has made a prima facie case.) 

"I plead not guilty, grant all his facts, and plead an affirmative defense.

"Item:  I own a cat.

"Item:  On the thirteenth of Foresummer being seven days ago, when I left my rowhouse for work, my cat was confined to my bedroom and, to the best of my knowledge and belief, my plumbing was in good order.

"Item:  When I returned that evening, my cat was loose in the house and the water tap in my kitchen was turned on full blast.

"Item:  I promptly turned said tap off and called expert assistance."

"Do you take an oath?"

"Upon my honor and with God as my witness, all this is so."

Morell doesn't know anything about Geryl's cat or plumbing - well, he saw the cat that evening, and it'd put on an air of perfect innocence.  But he's not objecting.

"I lodge no objection to these facts."

The judge folds his hands and addresses both the litigants and onlookers.  Nothing here should be a surprise even to Morell, who isn't a Televerian - this's standard law across many nations.

"The law of Telador says that at first light, a defendant commits theft if he or his property destroys another person's property.  By undisputed facts, this is the case."

He's glad the facts are undisputed.  He doesn't like it when people dispute the facts and have to call witnesses.  That'd mean someone's blinded by hate, or worse, someone's actually lying.

"We now have two questions:  legal guilt, and civil liability.

"Regarding legal guilt, there is an affirmative defense if the defendant exercised ordinary cautious care of his property - in this case, the cat and tap.  This is a relative standard of common sense as determined by circumstances and subculture, but in general, it can also be determined by precedent.  Do you have particular reason to believe the defendant was not acting with ordinary cautious care?"

* footnote:  Of course, these aren't exact translations.

"No particular reason, sir."

Morell doesn't know either way, and - frankly - he wouldn't know even if he'd been able to watch a video of everything that'd happened.  He doesn't know anything about cats, and he doesn't care to find out.

Judge Belken doesn't have a cat, either, or any other pet.  He doesn't know why anyone would want one.  Apparently they can be fun to watch and play with?  But then, they interfere with things.  Personally, he wouldn't have the least idea what "ordinary cautious care" would be with cats.

Fortunately for him, enough other judges and senators have ruled in the past on what's ordinary and cautious with pets.

"Do either of you have an objection if I rule the defendant was indeed acting with ordinary cautious care?"

He isn't just rhetorically addressing it to both of them.  Just last week, there was a defendant who objected that yes he had been careless.

But this time, Turlon sighs with relief.  "Thank you, sir."

Morell shrugs.  He still doesn't know.  But he's got home insurance, and he figures they might have an opinion if they get involved here?  "No objection, sir, but may I reserve recall rights to my insurer?"

"Very well."

He'd already been assuming as much; he doesn't remember the last homeowner who didn't have an insurance company.

He doesn't expect an objection from them... and if they do object, he thinks he'll be able to shrug off the case to another judge who does know something about cats.

"Then, Mr. Geryl Turlon, you are hereby ruled not guilty under the law of theft.  So may it be done."

He thumps the gavel, and Turlon rises and bobs a bow.

But that's only one of the two questions here.

"The next question is civil liability.  If the defendant is not legally guilty, he is civilly liable if the plaintiff did take ordinary cautious care with his property that got destroyed - the carpet, house, and project.  Said property was inside his home, so very little is required to take reasonable care with it.  Do you have particular reason to believe the plaintiff was not acting with ordinary cautious care?"