You became a lawyer and sent the judge in? - Chapter 462

c459 What do you mean by the first trial being punished? On appeal

In Liu Wenya’s case, the presiding judge already has a preference.

The judgment of such a case will basically not have any big unexpected results.

Can you win the case in the end?

Winning the lawsuit is a sure win.

However, only some compensation can be obtained, and the court may not support other claims.

And…more importantly, the defendant is not willing to compensate more than 120,000 yuan.

Only a compensation amount of five thousand was proposed.

The presiding judge has not given clear requirements and even asked the plaintiff to state the reasons for claiming 120,000 yuan.

This shows what?

This shows that the presiding judge’s tendency is obvious.

The demand for compensation is also in favor of the defendant.

After clarifying this layer of thinking, Su Bai took a deep breath.

There is no way to refute the presiding judge’s preference at trial.

In fact.

This is also a matter of the discretion of the presiding judge.

Because of the law, there are no strict standards for something to be viewed differently and subjectively.

Therefore, this tendency will appear, and similarly, this is also in line with the requirements of the trial.

.

….

At the request of the presiding judge, Su Bai briefly stated the composition of the amount of 120,000 yuan.

The compensation amount of more than 120,000 yuan proposed by Su Bai was strictly calculated.

It is in compliance with the legal basis.

The main component is that Ye Meizhen violated Liu Wenya’s right to name in order to collect labor remuneration.

Similarly, use Liu Wenya’s name rights to study and further study, and to use it for some internship and job opportunities.

During the presentation process, Su Bai listed specific data and corresponding laws and regulations in detail.

And they answered the questions one by one under the questioning of the presiding judge.

After the problem statement is completed.

On the judgment seat.

As the presiding judge, Zhang Mengwei consulted the defendant for opinions on the amount of compensation.

“The defendant entrusted a lawyer to propose a compensation amount of 5,000 yuan for the infringement of the right to name.”

“The plaintiff proposed a compensation of more than 120,000 yuan.”

“The difference between the compensation amounts proposed by the two is relatively large.”

“Are the original and defendant parties willing to mediate on the amount of compensation?”

“What is the defendant’s idea of ​​entrusting a lawyer?”

At the table of the defendant’s attorney, Zhou Liang heard the presiding judge’s inquiry.

Without saying too much, the compensation amount of five thousand was proposed by Ye Meizhen.

Although he is said to be the sole agent in this case.

However, he cannot change the client’s request at will.

After all…Wang Qirui works in the court, and the client’s identity is unusual.

As an ordinary person, he could change the client’s lawsuit claims, but as a person with such status and background, he would certainly not be able to do so.

Thinking of this, he said:

“Presiding judge, regarding the compensation amount of 5,000 yuan, the difference between the compensation amount proposed by the plaintiff is too large. Our idea is that we are not willing to mediate.”

“We believe that the compensation amount of more than 120,000 yuan requested by the other party is too high.”

“OK.”

Zhang Mengwei nodded and summarized the case.

at present.

What has been judged has been judged, and what should have been dismissed has been dismissed.

Only the amount of compensation remains to be discussed.

However, the amount of compensation is subject to negotiation.

However, as the presiding judge, he can exercise discretion on this point.

Even if the judgment is not made in accordance with the respective claims of the plaintiff and the defendant.

In other words… choose a reasonable compromise amount to award compensation.

This is also in line with the law and the rules of trial.

The hammer struck.

Zhang Mengwei did not allow the plaintiff and defendant to speak on any point of view.

Instead, we went directly to the last court process, the court statement.

The gavel fell and Zhang Mengwei spoke:

“The key content of this trial has now been completed.”

“Now proceed to the court statement.”

“Invite both the plaintiff and the defendant to make court statements.”

“Plaintiff, please start making your court statement first.”

“Okay, Judge.”

When Su Bai was asked by the presiding judge to make a court statement.

I knew very well that this trial was almost over.

The presiding judge’s preference is obvious, and he is leaning towards the defendant.

What the defendant stated has a certain legal basis, so the presiding judge’s preference is not wrong.

What will be the final outcome of this case?

The final result is likely to be that although the case is won, it falls far short of the expected trial demands.

Therefore… in this case, it doesn’t make much sense to make a court statement, no matter how much you say.

In this case, Su Bai only made a corresponding statement based on the amount of the fine and Liu Wenya’s experience of being replaced in college for so many years.

I hope it can arouse the presiding judge’s tendency to re-judge this case.

Other than that, not much else is stated.

After Su Bai finished his statement, Squad Leader Chen asked the defendant to start making court statements.

Zhou Liang knew very well that as the defendant who had already greeted the presiding judge.

For their side, there was little need for court statements in this trial.

The presiding judge has already leaned towards their side.

Whether Chen makes a statement or not, is there any difference in the final result?

There is no difference at all.

So Zhou Liang directly chose not to make a court statement.

On the judgment seat.

After each court session was completed, Zhang Mengwei struck the hammer and spoke:

“Now the defense in all aspects of the trial has been stated.”

“The result of this judgment will be notified to all parties along with the judgment.”

“Closed court!”

As the gavel fell, a dull sound spread throughout the courtroom.

The first trial of Liu Wenya’s case has come to an end.

In the plaintiff’s seat, Liu Wenya, a litigant, did not know much about the law.

But.…

Accordingly, at the trial court, the presiding judge dismissed and agreed to the plaintiff’s claim.

and their respective attitudes towards the plaintiff and defendant.

It can be clearly seen that in this case, the presiding judge is leaning towards the defendant.

Her right to education has not been adjudicated and compensation may not be met.

This is very uncomfortable for Liu Wenya.

After all…she had been deprived of so many years of her life.

Now there is a result like this.

To be honest, Liu Wenya couldn’t accept it.

After the verdict, Liu Wenya looked at Su Bai and Li Xuezhen and said:

“Lawyer Su, Lawyer Li…”

“Isn’t the verdict of this case not very good?”

“I think the presiding judge has rejected the suggestions put forward by Lawyer Su.”

“The follow-up situation…isn’t it a bit bad?”

Facing Liu Wenya’s inquiry, Su Bai nodded.

There is no denying that the outcome of this case did not meet expectations.

Instead, it directly acknowledged the result.

“The verdict of the first instance was not very good. It is normal for the presiding judge to reject the proposed lawsuit.”

“But what happens next…”

“Don’t worry about that.”

“Because this case involves the Constitution, the first instance and the intermediate court will generally be very cautious in hearing this case.”

“Xuezhen and I have discussed this. If the presiding judge of the first instance rejects our appeal request.”

“Then it is completely possible to appeal to the second instance, or even to the Supreme Court for final appeal.”

“No matter what the situation is, the current result will not affect the final verdict of your case.”

“It’s just that… there is no result in the first trial of your case. If you want to get justice, it may take some time.”

“.…”

From the very beginning, Su Bai did not have high hopes for the outcome of the first trial.

The key point in this case is the second instance!

Because only the Intermediate Court makes the judgment in the first instance, in many cases, the Intermediate Court does not dare to judge the first penalty case.

Especially when it comes to the most basic legal constitution.

The second instance is only heard in the Provincial High Court, which has higher legal interpretation power than the first instance.

and be able to communicate directly with the Supreme Court.

From this point of view, Su Bai had actually put the focus of this case on the second trial.

Hearing this, Liu Wenya felt a little calmer.

As long as fairness and justice can be achieved in the end, you can get your own justice.

It won’t matter if you wait a little longer.

She has been waiting for so many years, how much longer can she wait?

However, Liu Wenya asked another question:

“Lawyer Su…”

“I still want to ask a question.”

“Although the court rejected the determination of the right to education, Ye Meizhen indeed violated my right to name.”

“Can I take the judgment of this court to report Ye Meizhen?”

Liu Wenya’s question is relatively critical.

But the answer to this question is no.

Because the concept of name rights is very vague.

It cannot be used to deny Ye Meizhen’s right to replace Liu Wenya in school.

Reporting has a certain effect.

But if Ye Meizhen had connections, this report would not have much effect.

Su Bai shook his head: “You can report it, but it won’t have much effect.”

“Don’t be anxious for now… I have made preparations and arrangements regarding the legal and follow-up matters.”

“It’s just a matter of waiting a while.”

“Um!”

Liu Wenya nodded, put down her original plan to report, and followed Su Bai’s arrangement.

After the first-instance verdict, Su Bai and Li Xuezhen returned to Nandu.

This case…

When the results of the first-instance judgment are notified, you can directly appeal to the Provincial High Court! .

….

the other side.

After the judgment of the case is concluded.

In the office of the deputy president of the First Civil Court.

Wang Qirui sat in the office and thanked Zhang Mengwei.

“This time I have to thank President Zhang more… If it weren’t for President Zhang’s help, it would be hard to say what the final verdict of this case would be.”

“Trouble.”

Zhang Mengwei knew that Wang Qirui’s words were all polite, so he simply followed his words:

“No way…”

“This trial was just a judgment based on normal procedures. Although there is some bias, it is not very biased.”

“After all, Director Wang, you have to understand… Nowadays, court trials are for life.”

“If there are any serious problems in the follow-up, the accountability will last a lifetime.”

“In this trial…actually I didn’t contribute much.”

After the two exchanged pleasantries for a while, Wang Qirui stated the purpose of his coming and continued with a smile:

“Actually, I came here not just to say thank you.”

“There is also the issue of the amount of compensation.”

“According to the plaintiff’s request, the compensation of more than 120,000 yuan is indeed relatively large.”

“Then there’s the ignorant one in my family. She insists on saying as little as possible.”

“So I really have no choice…”

Zhang Mengwei understood that Wang Qirui was hesitant to speak. To put it bluntly, it was a matter of discretion.

Just adjust the compensation amount to a small amount.

Zhang Mengwei smiled and nodded: “Okay, I understand.”

.

….

soon.…

The judgment regarding Liu Wenya’s case was issued to Bai Jun Law Firm.

Su Bai planned to take a look at the outcome of the first instance verdict before filing an appeal for the second instance.

But what Su Bai didn’t expect was that the content of the verdict of the first instance case… was somewhat different from what he expected.

It is understandable to reject that Ye Meizhen violated Liu Wenya’s right to education.

It is understandable that the compensation amount should be reduced from more than 120,000 yuan.

But you sentenced Ye Meizhen for infringing Liu Wenya’s right to name for so many years, and only awarded 5,010 yuan in compensation. What do you mean?

One yuan more than the defendant’s compensation amount?

What is this for?

Su Bai calmly handed the verdict to Li Xuezhen standing aside:

“Are the materials for filing a second instance lawsuit with the Provincial High Court ready?”

“Prepare to appeal!”

Li Xuezhen looked at the amount of compensation in the judgment with a serious look on her face.

Generally speaking, the amount of a claim like this is determined either by the plaintiff or the defendant.

Furthermore, the presiding judge will determine the amount of the penalty based on the corresponding circumstances.

Li Xuezhen had calculated that even the presiding judge was leaning toward the defendant.

Then the amount of compensation in this case will probably be around 90,000 yuan.

But now it is obviously based on the defendant’s compensation amount, which is only one yuan more.

What does this mean?

Did the presiding judge receive the red envelope? !

Appeal, appeal, must appeal!

Li Xuezhen’s little face was full of anger.

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