As a Lawyer, You Sent the Judge In? Chapter 165

Chapter 165: Whoever makes the claim and who gives evidence is just pretending not to understand, right? !

 At the court hearing.

Li Xuezhen's small face is proud, like a winning little peacock.

 Su Bai: .….

A reminder: "Don't stare for now... prepare the litigation materials that will be used later."

"profound."

 “Good lawyer Su.”

Li Xuezhen nodded seriously.

 At the plaintiff's seat, Chen Meixia's old face was a little embarrassed. This was the first time she had looked at a young man in her many years of life, and she couldn't win.

The more I thought about it, the angrier I became, but in the end I didn't say anything and just sat quietly in my seat.

Li Zhuang and Li Jun did not speak and sat down in silence.

　　Both the plaintiff and the defendant sat in their respective seats.

 The clerk began to read out the court discipline:

"one:.….…."

"two:.….…."

"three:.….…."

"Four:.….…."

 After the reading is completed, it is accompanied by the sentence: "Everyone stands up and invites the presiding judge and the judge to enter."

 At the court hearing, all persons involved in the litigation stood up.

 Three members of the collegial panel walked onto the court hearing stage and stood on the court hearing stage.

Clerk: "Presiding judge, everyone is here and the court can begin."

 Qian Wei banged the gavel: "The court is open!"

"please sit down."

 Swish, swish, swish, everyone at the court hearing took their seats one after another.

At the trial table, Qian Wei looked around, his eyes rested on Chen Meixia for a moment and then moved away.

 Then, he lowered his head and looked at the litigation materials.

 Concerning this case of supporting people, Qian Wei has learned about the general process of this case.

 Because a friend had already greeted him before, he deliberately became a little more concerned about this case.

How to say this case...

 In his opinion, any decision can be made.

 And there won't be much of a problem.

 For the judgment.

 Qian Wei already had an idea in his mind.

As the presiding judge, he made many judgments on such civil lawsuit cases with insufficient evidence.

He has roughly guessed even the litigation variables of this case.

 In his mind, overall, the problem is not big.

After flipping through the litigation materials and clarifying his thoughts, Qian Wei glanced at the plaintiff's seat and said:

 “Okay, the court is now in session.”

 Qian Wei flipped through the litigation materials:

“The plaintiff and the defendant began to state the identity of the information and agency authority for verification.”

“Plaintiff, please start stating the identity information of the persons appearing in court, as well as the legal representation authority.”

 “A good judge.”

 Xiao Feng nodded.

 This case is not a big case to him.

Although Xiao Feng is only a mid-level civil litigation lawyer in a first-class law firm in Nandu.

  But in ordinary civil proceedings.

 Mainly depends on the method of litigation and the angle of argument. The preference of the judgment lies with the collegial panel and the presiding judge.

 In civil litigation, the basis is evidence.

 Just base it on the evidence.

Xiao Feng is actually not optimistic about this case, but since he has taken it on, he still has to fulfill his responsibilities as a lawyer.

  Xiao Feng continued to speak:

“The identity information of our persons appearing in court is Xiao Feng, lawyer of Nandu Baichuan Law Firm, and the parties appearing in court are Chen Meixia, Li Zhuang, and Li Jun. The agency authority is special agent.”

 Special agents are also called full powers.

 Lawyers have the right to settle cases on their behalf and withdraw the lawsuit.

 Dong dong dong!

“The plaintiff has finished his statement, and now the defendant is asked to state the identity of the persons appearing in court and the authority to represent him in litigation.”

 Qian Wei turned his attention to the defendant's seat.

“Presiding Judge, please provide the identity information of our persons appearing in court, Su Bai, lawyer of Nandu Baijun Law Firm, assistant lawyer Li Xuezhen, and the client Zhang Dahu. Their representation authority is special authority.”

 After verifying the identity information and agency authority, the presiding judge Qian Wei continued to speak:

“This case was tried by Nandu DC District Court, with member Qian Wei as the presiding judge, and judges Xie Mingyan and Zhu Yuanfang forming a collegial panel.”

 “According to the Civil Procedure Law…”

“If the plaintiff and the defendant have objections to the judge who appears in this case, they may apply to recuse themselves…”

“Does the plaintiff and defendant have any objections? Do they apply for recusal?”

 Xiao Feng: “No objection, no application for recusal.”

Su Bai: “No objection, no application for recusal.”

 After hearing the answers from both parties, Qian Wei began to read out the cause of the case:

“The cause of this case is that the plaintiff, Chen Meixia, accused the defendant, Zhang Dahu, of bumping into Chen Meixia on Xishui Street on May 16, causing her to fall to the ground and become comatose and to be hospitalized, resulting in huge medical expenses.”

“Chen Meixia now files a lawsuit against Zhang Dahu to recover medical expenses, as well as subsequent compensation and mental loss expenses. Is the cause of the case true?”

“Presiding judge, the case is true.”

“Confirm that the cause of action is true and ask the plaintiff to begin stating the claims and legal basis.”

 “A good judge.”

 Xiao Feng nodded and spoke.

“There are only two points in our lawsuit application statement:”

“1: We require the other party to compensate us for our medical expenses, mental loss expenses, and follow-up medical expenses, totaling 400,000 yuan.”

“Two: We require the other party to bear the litigation costs and attorney's fees for this trial.”

“Presiding judge, we have finished our statement.”

 After Xiao Feng finished his statement, Qian Wei turned over a page of litigation materials and banged the gavel: "Please let the defendant start making his statement."

 “A good judge.”

Su Bai nodded.

This is the first civil lawsuit against the defendant since he arrived here.

 As a defendant….

Still a little bit unaccustomed to it.

However, Su Bai only felt this way for a moment.

 Soon, Su Bai finished adjusting and looked at the court seat.

“Presiding judge, we believe that the plaintiff's claim is unreasonable.”

“We apply to dismiss the other party's litigation application.”

“Our litigation application states as follows:”

“One: The other party has no direct evidence to prove that Zhang Dahu knocked down Chen Meixia, and the accusation is not established.

 Hence, we do not bear any responsibility for Chen Meixia's collapse and should not bear the related medical expenses. "

“Two: After Zhang Dahu helped Chen Meixia up and kindly sent her to the hospital, he advanced a certain amount of medical expenses out of kindness. This part of the medical expenses was equivalent to what Zhang Dahu lent to Chen Meixia.

 However, Chen Meixia never returned Zhang Dahu's advance medical expenses, and determined that this was Zhang Dahu's compensation for medical expenses.

 But we did not knock down Chen Meixia at all, and we do not need to bear the compensation for medical expenses.

 Here, we apply that Chen Meixia needs to return the medical expenses advanced by Chen Dahu. "

“Three: Zhang Dahu sent the unconscious Chen Meixia to the hospital and took the initiative to advance the medical expenses. He was brave and helpful.

The plaintiff's malicious misinterpretation has had a huge impact on our reputation. We request the other party to publicly apologize to us. "

“Four: We apply, and the litigation costs shall be borne by the plaintiff.”

“Presiding judge, we have finished our statement.”

 This application for litigation….

 The plaintiff cannot accept it at all.

 After listening to Su Bai's court statement, Qian Wei frowned in the court seat and glanced at the defendant's seat.

Mrs. Chen Meixia, who was sitting at the plaintiff's seat, was even more angry and could not accept Su Bai's conditions at all.

 What the **** is this condition?

 I took you to court just to make you pay me, but now it's better!

  You are still asking me for money? !

What do you want me to pay back for the advanced medical expenses? You have already paid for it, and you still want me to pay you back?

 What are you thinking about?

 What a beautiful thought!

There are only three words: impossible.

 I am here to ask for money today, not to lose money.

 Chen Meixia was very determined in her heart: absolutely impossible.

Su Bai:? ? ? ?

 What do you want money for?

It's not like I'm asking you to pay, but I'm asking you to pay back the medical expenses Zhang Dahu paid in advance. Is there any problem?

You have paid back the medical expenses advanced by a kind person. Is there no problem?

If there was no evidence to prove that you were blackmailing me, I would have sent you in without any hesitation. Then you would still be blackmailing me when you are old.

Shouldn't the medical expenses that people kindly paid in advance be refunded?

 At the plaintiff's seat. Chen Meixia tugged on Xiao Feng's clothes:

“Lawyer Xiao, the other party's lawsuit application is really shameless. We must win this lawsuit...”

 “Otherwise, I, a helpless old lady, really have nothing to do.”

Chen Meixia and Xiao Feng were whispering and whispering, and the sale started miserably.

but.…

  As a lawyer who has stayed in a first-class law firm for so long, Xiao Feng has never seen anything happen before.

　　He nodded and said, "Don't worry...if we sue, your legal rights will definitely be guaranteed."

 Legal rights?

This means there is no guarantee of winning?

 Not getting the answer she wanted, Chen Meixia smiled and said nothing more.

His face was obviously not very good-looking, and he focused his attention on the court seat.

Qian Wei banged the gavel: "Both the plaintiff and the defendant have completed their litigation applications."

 “Let's start submitting the factual basis or legal basis.”

“Plaintiff, please start stating the factual basis or legal basis.”

 “A good judge.”

 Xiao Feng nodded and looked at Chen Meixia:

“Presiding judge, we apply to allow our client to state the process at that time.”

“If the application is approved, the parties concerned can state the process in detail.”

"let's start."

 Seeing the opportunity coming, Chen Meixia immediately stood up and looked at the presiding judge Qian Wei on the bench.

 There was a hint of trembling in the voice.

 “I can't remember the specifics, but I remember it like this.”

“...I was walking on the road when I suddenly felt like I was hit by a big rock behind me.”

“Then I lost consciousness...but before I lost consciousness, I saw Zhang Dahu's face.”

“Yes, yes, it's the face of the one sitting in the dock.”

“Zhang Dahu's expression was very surprised. Oh, by the way, he was still holding a mobile phone in his hand at the time.”

 “Then I didn't know anything anymore…”

“Presiding judge... you must make the decision for us old people and vulnerable groups like us.”

"besides.…"

Chen Meixia shifted her gaze from the court seat to the defendant's seat, pointing at Zhang Dahu with trembling fingers, her tone completely changed from just now.

The whole thing has a sharp and mean face.

"The presiding judge...it was him, the man opposite me who hit me!"

"He just bullies people and thinks he can escape without monitoring...Although he sent me to the hospital and paid for the medical expenses...but he knocked me down, and he should pay for all this! "

 “Why doesn't he pay? Why should he ask me to pay back his medical expenses?!”

“Now that I know there is no surveillance to prove that he hit me, I just say it wasn't him and asked me to refund the medical expenses and apologize to him.”

 “Why?”

“Isn't the person on the other side bullying me, an old man, outright? Seeing that I am old, I want to bully you hard.”

"I tell you, no one can bully me, and the law will give me justice!"

“Presiding Judge...I am an old man in his 70s, can I still blackmail him?”

“He clearly knocked me down, but now I know there is no surveillance to prove it, and he also said he didn't hit me. What should I do...?”

“I can't provide any evidence, but I know it was him who hit me. I clearly saw him hit me…”

Chen Meixia has been holding on to this topic and making presentations.

At this time, Su Bai raised his hand and asked: "Presiding Judge, I would like to ask a question."

“The plaintiff is over 70 years old. Let's not talk about whether he had any intention of blackmail. According to Zhang Dahu's dictation, Chen Meixia had already fallen to the ground at that time...and was in a semi-conscious state.”

“Chen Meixia was immediately scrutinized by the law enforcement agencies. During the investigation, she also said that she could not remember clearly... But now, how can it be said that she saw Zhang Dahu hit him?”

“I still remember how Zhang Dahu collided with me, I remember it so clearly.”

“Besides, the other party said that Zhang Dahu was hit from behind. How could he see Zhang Dahu's face clearly?”

“Chen Meixia's statement completely violated the review and investigation conducted by the law enforcement agencies at the time...and Chen Meixia's own confession at the time.”

“And it is inconsistent with the facts and objective factors.”

“I would like to ask the plaintiff, do you remember clearly at that time, was it Zhang Dahu who hit you?”

Chen Meixia was stunned for a moment, not expecting that Su Bai would come here.

There was an awkward silence for a few seconds, and then he blurted out:

“I'm old and I can't remember clearly after I was hit. But now that I think about it, it was Zhang Dahu who hit me!”

 “Then you mean that the confession at that time was inaccurate?”

"I.…"

 Chen Meixia hesitated for a few seconds, hesitating before speaking.

 At the judgment seat.

Qian Wei banged the gavel hard, and an ear-splitting sound resounded in the courtroom.

“The defendant shall not interrupt the plaintiff's statement!”

 “Now a warning!”

Hearing Qian Wei's warning, Su Bai frowned slightly...

 He had raised his hand just now. If it was a warning, why not warn him when he asked for the first time?

 And on such a critical issue, interrupt him to give a warning?

Su Bai looked at the court seat.

I noticed that the expression on Qian Wei's face was a little unnatural.…

 Brows furrowed.

I wonder if this trial is not just a civil lawsuit, right?

Su Bai had a hint of expectation in his heart and said, "Okay, presiding judge."

Qian Wei banged the gavel, interrupting Su Bai's inquiry and letting Chen Meixia breathe a little sigh of relief.

 Following.

Qian Wei said: "Based on the evidence provided by relevant law enforcement officials, I will now make a rough summary."

“The evidence provided by law enforcement officers comes from the confessions of Chen Meixia and Zhang Dahu.”

 “The confessions of both parties are inconsistent.”

“And the evidence provided by law enforcement officers has evidence of interviews and investigations.”

“According to the evidence from interviews and investigations, Zhang Dahu did help Chen Meixia, and it is also true that he sent her to the hospital.”

“But no one really saw whether Chen Meixia was knocked down by Zhang Dahu. Do the original and defendant parties have any objections to the above evidence and what happened?”

Su Bai: "No objection."

 Xiao Feng: “No objection.”

“Since both parties have no objections, let's start the defense of both parties based on this point.”

 “The plaintiff makes his statement first.”

“Okay presiding judge, we believe that in this case, no one saw whether Zhang Dahu hit our client Chen Meixia, but someone saw Zhang Dahu helping her up.”

"so good.…"

“According to our client Chen Meixia's statement, she was hit by Zhang Dahu.”

“Based on our client's confession...Chen Meixia has no subjective need to lie.”

“So we think our request is reasonable... To sentence Zhang Dahu to pay compensation for hitting someone is to apply to assert our legal rights.”

 Why is it said that the sentence of compensation for Zhang Dahu's collision with someone is the right to apply for the law?

After Xiao Feng finished speaking, Su Bai immediately came up with a point of view.

“What does it mean that Chen Meixia has no subjective need to lie?”

“Chen Meixia's performance has been very obvious, she just wants money.”

“Her subjective necessity is to find someone to bear her medical expenses and subsequent treatment costs, and to use mental losses as blackmail.”

"To put it bluntly...the other party's behavior is a kind of fraud."

"Moreover.…"

“Whether it is the plaintiff or our defendant, neither party has evidence to show whether Zhang Dahu hit someone.”

"Your client... insists that Zhang Dahu hit someone. Do you have any evidence?"

 “There's no evidence, right?”

Facing Su Bai's question, Xiao Feng retorted:

"But you have no evidence to prove that he didn't hit anyone, but someone saw Zhang Dahu helping Chen Meixia up."

“Through this, it can be inferred that it was Zhang Dahu who knocked Chen Meixia down.”

"Do you have evidence to show that you didn't hit anyone? There is no evidence either!"

“That is, the defendant cannot prove whether he hit someone.”

 This is all nonsense on the other side...

The defendant cannot prove whether he hit someone, does it mean that the defendant hit someone?

 What is this statement?

As a civil litigation lawyer, who doesn't know who advocates and who gives evidence?

If you sue me, you have to provide factual basis. If you can't provide factual basis, what are you guessing here?

 But the other party didn't bring it up. They insisted on bringing it up to other aspects. If you didn't have any evidence, it was you who made the mistake.

Su Bai:? ? ?

 Both parties have no evidence. You are suing me. This matter is not a subjective case, but a case that pays attention to practical evidence.

 What are you talking about?

 PS: Please give me a monthly ticket~

It just ends here...If I continue writing, a famous scene will end...

　　　Tomorrow's update will be a little later, mainly to keep the chapters straight~

Probably around seven or eight o'clock in the evening.

 (End of this chapter)

Chapter end