Grassroots lawyers also have spring
Chapter 588 This grandson is really a grandson!
Chapter 588 This grandson is really a grandson!
"In practice, due to lack of litigation knowledge, some parties do not know how to put forward their claims, or put forward one claim at a time, and then another one at a time. There are also parties who intentionally do not raise their own claims for the purpose of deliberately delaying the lawsuit. Therefore, it is even more necessary for judges to search and fix the litigation claims in a timely manner, otherwise it will inevitably lead to low trial efficiency.
The sixth step is to sort out the focus of disputes
That is, according to the pleadings of the plaintiff and the defendant and their basic norms, sum up the disputes of the case in a timely manner. This tests our ability to sum up, simplify complex issues, find similarities and differences, and grasp rights. The ability to understand the basics and analyze the main line of thought of a trial is an extremely important trial method and step.
The seventh step is to prove the facts
That is to take the factual issues of the case as the core, organize all parties to produce evidence and cross-examine evidence, and use the rules of evidence to carry out effective proof activities for the essential facts.
Step [-] Fact Findings
That is to examine and determine the probative force of the evidence provided by all parties, and to determine the relevant facts of the case accordingly.
The ninth step is to include the elements and make a judgment
The facts of the case to be ascertained are compared with the elements of the corresponding legal norms claimed by the plaintiff and the defendant, and they are classified one by one, and a judgment is made on whether to apply or not to apply the legal provisions according to the results of the classification..."
Wang Chuan spoke very carefully. After explaining each step, he would also talk about his own experience and previous cases.
Maybe it's because everyone's sleepiness has passed, or maybe it's because Wang Chuan's heart of gossip suddenly arose when he heard Wang Chuan talk about the case. A simple question that arouses everyone's curiosity.
Wang Chuan talked and answered perfectly with a smile, satisfying everyone's curiosity time and time again, using the case as a breakthrough point to explain the relevant provisions of the Labor Contract Law.
The question-and-answer session in the afternoon was rather boring at the beginning, but the rest of the time period was quite successful. The more people interacted with each other more frequently, Wang Chuan found the feeling and talked eloquently. From time to time, he talked about some cases, which attracted everyone's expressions. The expressions of surprise, excitement, anger, etc. are constantly staged.
Wang Chuan secretly sighed: It seems that everyone has a gossip heart!
After dinner in the afternoon, Han Zhou originally wanted to stay with Wang Chuan for another night, but Wang Chuan felt that there was no need to stay in International Village anymore, so he declined Han Zhou's request to stay.
At around eight o'clock that night, Wang Chuan got on the train back to the imperial capital.
On the second day after his return, Wang Chuan went to the First Intermediate People's Court to hand over the entrustment procedures and the second-instance defense opinion to the judge. The judge's opinion was very clear that the second-instance trial of Hong Gong's labor dispute case would not be held. Go back and wait for the verdict.
At the end of August, Fatty Wan found Wang Chuan one morning.
"Brother Wan, what's the matter?" Wang Chuan asked after entering the office.
"There is a housing rental case from my wife's village. It's up to you whether you want to take it or not," Fatty Wan said.
"What's the situation?" Wang Chuan was puzzled. The housing lease dispute case itself should be relatively simple. Why did Wan Fatty have to push it to himself if he didn't do it?
"Hey! It's all caused by the demolition.
My daughter-in-law knows both parties in this case, so they are probably distant relatives.I usually live in the village, and I don't see people who look up, so it's not suitable for me to represent any party.So I can only recommend it to you.
This matter has to start from the beginning of [-], when [-] natural villages in Mentougou were demolished that year, and our village was also included in the demolition scope.
The family I mentioned had a commotion when it was demolished. There are four people in this family: the old lady, daughter-in-law, grandson and the old lady’s daughter. The demolition has no part for her.The old lady's wife and son passed away a few years before the demolition.
At that time, the house was about to be demolished, and the daughter-in-law was afraid that her sister-in-law would compete for property, so she played tricks and invited officials from the village committee to her home to make a mediation agreement.
According to the property situation of the family at that time, the demolition was divided into three sets of two-bedroom apartments and more than 100 million yuan. According to the situation at that time, the old lady should be divided into two sets, and the daughter-in-law and grandson should share one set. The old lady should get at least half of the 100 million yuan.
Later, I didn’t know what the daughter-in-law was doing. When the old lady and the daughter-in-law signed the mediation agreement, they agreed to give all the demolition benefits to the old lady’s grandson.But the old lady has a condition, the grandson must bear the support obligation of the grandmother, and must provide a property for the old lady to live in unconditionally.It stands to reason that it is reasonable to get all the demolition benefits, undertake the support obligations of the old lady, and provide the old lady with a place to live.
But later the real estate was demolished and divided. After the old lady moved into the new house, the grandson didn't even take a picture of his face and didn't give him a cent of the money. I don't even have money to buy food.
Some old neighbors in our village couldn't stand it and went to him.But not only did he not listen, but he also scolded him. His mother is also an idiot who only knows how to help her son and doesn't say a word.
Later, the old lady found the village cadre, and the village cadre went to find it several times, but she couldn't control it. At that time, the village cadre also looked for me, but my wife wouldn't let me get involved in this matter, so I didn't care much.
Later, the old lady had no choice but to rent out the two-bedroom apartment she lived in. She lived in a nursing home by herself, and the rent was just enough to pay for the nursing home.
A few days ago, the old lady went to my house and said that her grandson had sued her.I didn't know until I read the complaint and the subpoena.When her grandson saw that she had rented out the house, he felt angry and went directly to the tenant, but the tenant was a tall man with a lease contract in his hand, so he didn't dare to stab him, so he went directly to the court to sue the tenant and the old lady , Request to confirm that the lease contract is invalid and ask the tenant to move out.
I know this tenant. He is a small business owner. He has consulted me about legal issues before.Coincidentally, the tenant also came the day after the old lady came to see me and said the same thing as the old lady.
My daughter-in-law won't let me take this case. In fact, I also have concerns in my heart, so I thought of you.I can make an appointment with them if you want. " Fatty Wan said.
"Well, no problem. I took it. This grandson is really a grandson! He didn't do that!" Wang Chuan said angrily.
"That's okay. I'll let the tenant come over. How about 6000 yuan for the lawyer's fee? I know the other party better. If it's too high, I'm sure he won't entrust it. The old lady has no money, so I'll pay for his lawyer's fee for him." Fatty Wan said.
"Brother Wan, you look down on me too much. The tenant's money will definitely be collected, but it's just a matter of how much money is too little. The old lady lives in a nursing home, and it's not easy. I can't even accept this money.
Don't say that we don't have to worry about food and drink now, and we don't need this little money. Even in the early stage of entrepreneurship, we have to take care of this matter, and we still have to have social responsibility.Otherwise, it would really become an emotionless, hard, cold-blooded animal. "Wang Chuan said.
(End of this chapter)
"In practice, due to lack of litigation knowledge, some parties do not know how to put forward their claims, or put forward one claim at a time, and then another one at a time. There are also parties who intentionally do not raise their own claims for the purpose of deliberately delaying the lawsuit. Therefore, it is even more necessary for judges to search and fix the litigation claims in a timely manner, otherwise it will inevitably lead to low trial efficiency.
The sixth step is to sort out the focus of disputes
That is, according to the pleadings of the plaintiff and the defendant and their basic norms, sum up the disputes of the case in a timely manner. This tests our ability to sum up, simplify complex issues, find similarities and differences, and grasp rights. The ability to understand the basics and analyze the main line of thought of a trial is an extremely important trial method and step.
The seventh step is to prove the facts
That is to take the factual issues of the case as the core, organize all parties to produce evidence and cross-examine evidence, and use the rules of evidence to carry out effective proof activities for the essential facts.
Step [-] Fact Findings
That is to examine and determine the probative force of the evidence provided by all parties, and to determine the relevant facts of the case accordingly.
The ninth step is to include the elements and make a judgment
The facts of the case to be ascertained are compared with the elements of the corresponding legal norms claimed by the plaintiff and the defendant, and they are classified one by one, and a judgment is made on whether to apply or not to apply the legal provisions according to the results of the classification..."
Wang Chuan spoke very carefully. After explaining each step, he would also talk about his own experience and previous cases.
Maybe it's because everyone's sleepiness has passed, or maybe it's because Wang Chuan's heart of gossip suddenly arose when he heard Wang Chuan talk about the case. A simple question that arouses everyone's curiosity.
Wang Chuan talked and answered perfectly with a smile, satisfying everyone's curiosity time and time again, using the case as a breakthrough point to explain the relevant provisions of the Labor Contract Law.
The question-and-answer session in the afternoon was rather boring at the beginning, but the rest of the time period was quite successful. The more people interacted with each other more frequently, Wang Chuan found the feeling and talked eloquently. From time to time, he talked about some cases, which attracted everyone's expressions. The expressions of surprise, excitement, anger, etc. are constantly staged.
Wang Chuan secretly sighed: It seems that everyone has a gossip heart!
After dinner in the afternoon, Han Zhou originally wanted to stay with Wang Chuan for another night, but Wang Chuan felt that there was no need to stay in International Village anymore, so he declined Han Zhou's request to stay.
At around eight o'clock that night, Wang Chuan got on the train back to the imperial capital.
On the second day after his return, Wang Chuan went to the First Intermediate People's Court to hand over the entrustment procedures and the second-instance defense opinion to the judge. The judge's opinion was very clear that the second-instance trial of Hong Gong's labor dispute case would not be held. Go back and wait for the verdict.
At the end of August, Fatty Wan found Wang Chuan one morning.
"Brother Wan, what's the matter?" Wang Chuan asked after entering the office.
"There is a housing rental case from my wife's village. It's up to you whether you want to take it or not," Fatty Wan said.
"What's the situation?" Wang Chuan was puzzled. The housing lease dispute case itself should be relatively simple. Why did Wan Fatty have to push it to himself if he didn't do it?
"Hey! It's all caused by the demolition.
My daughter-in-law knows both parties in this case, so they are probably distant relatives.I usually live in the village, and I don't see people who look up, so it's not suitable for me to represent any party.So I can only recommend it to you.
This matter has to start from the beginning of [-], when [-] natural villages in Mentougou were demolished that year, and our village was also included in the demolition scope.
The family I mentioned had a commotion when it was demolished. There are four people in this family: the old lady, daughter-in-law, grandson and the old lady’s daughter. The demolition has no part for her.The old lady's wife and son passed away a few years before the demolition.
At that time, the house was about to be demolished, and the daughter-in-law was afraid that her sister-in-law would compete for property, so she played tricks and invited officials from the village committee to her home to make a mediation agreement.
According to the property situation of the family at that time, the demolition was divided into three sets of two-bedroom apartments and more than 100 million yuan. According to the situation at that time, the old lady should be divided into two sets, and the daughter-in-law and grandson should share one set. The old lady should get at least half of the 100 million yuan.
Later, I didn’t know what the daughter-in-law was doing. When the old lady and the daughter-in-law signed the mediation agreement, they agreed to give all the demolition benefits to the old lady’s grandson.But the old lady has a condition, the grandson must bear the support obligation of the grandmother, and must provide a property for the old lady to live in unconditionally.It stands to reason that it is reasonable to get all the demolition benefits, undertake the support obligations of the old lady, and provide the old lady with a place to live.
But later the real estate was demolished and divided. After the old lady moved into the new house, the grandson didn't even take a picture of his face and didn't give him a cent of the money. I don't even have money to buy food.
Some old neighbors in our village couldn't stand it and went to him.But not only did he not listen, but he also scolded him. His mother is also an idiot who only knows how to help her son and doesn't say a word.
Later, the old lady found the village cadre, and the village cadre went to find it several times, but she couldn't control it. At that time, the village cadre also looked for me, but my wife wouldn't let me get involved in this matter, so I didn't care much.
Later, the old lady had no choice but to rent out the two-bedroom apartment she lived in. She lived in a nursing home by herself, and the rent was just enough to pay for the nursing home.
A few days ago, the old lady went to my house and said that her grandson had sued her.I didn't know until I read the complaint and the subpoena.When her grandson saw that she had rented out the house, he felt angry and went directly to the tenant, but the tenant was a tall man with a lease contract in his hand, so he didn't dare to stab him, so he went directly to the court to sue the tenant and the old lady , Request to confirm that the lease contract is invalid and ask the tenant to move out.
I know this tenant. He is a small business owner. He has consulted me about legal issues before.Coincidentally, the tenant also came the day after the old lady came to see me and said the same thing as the old lady.
My daughter-in-law won't let me take this case. In fact, I also have concerns in my heart, so I thought of you.I can make an appointment with them if you want. " Fatty Wan said.
"Well, no problem. I took it. This grandson is really a grandson! He didn't do that!" Wang Chuan said angrily.
"That's okay. I'll let the tenant come over. How about 6000 yuan for the lawyer's fee? I know the other party better. If it's too high, I'm sure he won't entrust it. The old lady has no money, so I'll pay for his lawyer's fee for him." Fatty Wan said.
"Brother Wan, you look down on me too much. The tenant's money will definitely be collected, but it's just a matter of how much money is too little. The old lady lives in a nursing home, and it's not easy. I can't even accept this money.
Don't say that we don't have to worry about food and drink now, and we don't need this little money. Even in the early stage of entrepreneurship, we have to take care of this matter, and we still have to have social responsibility.Otherwise, it would really become an emotionless, hard, cold-blooded animal. "Wang Chuan said.
(End of this chapter)
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