In a civil equity case involving a noncompete, why do judges ask for memorandum of law and case law?

Question

Is this how they make their decisions and see who proved their case.

Answer 1

It makes their job easier. If they have memoranda of law from both parties, it means that their law clerks do not have to do as much work.

It also enables them to focus more on the issues involved.

Answer 2

Because each party has an obligation to inform the court of the controlling case law on the issue and to advocate their position. As certain matters will be binding on the court in their decision, it is the duty of the advocates to show how those cases are applicable (or inapplicable as the case may be) so they can make an informed decision. Of course, the judge's clerk(s) and/or the judge will read the memoranda, and in many cases, do independant research. Who ever has the law and facts on their sides wins.

Answer 3

The court does not represent either side. Therefore, to expedite the issues before the bench the court will most times ask the parties asserting a particular right or priviledge to provide citations which support their position.

In your case, the two attorneys seem to be at an impass and the court has asked both to support their briefs with additional case citations and relevant statutory support.

It's not uncommon but it is a sign that neither side did their homework before trial. These citations should have been done in the Motions phase or in the original petition.

Answer 4

Because Talmudic law, or perhaps you are referring to the Jewish law in the old testament, is not practiced by any country. Israel is a very progressive and very liberal democracy that promotes equal rights for women, homosexuals, and people of all races and creeds.

Answer 5

because the law changes daily and an updated ruling is less likely to be challenged or "taken up"