Chapter 62 The secret of Kitaharas victory
"Where is the court session?"
"Shinjuku District Court No. 1107." Miyagawa looked at the memo on his phone, then turned to look at the man next to him, and replied.
On July 10, at 8 o'clock in the morning, a man and a woman were standing on the street outside Jiang Teng Law Firm. The man was wearing a suit and leather shoes. He looked ready to go and was eager to try. His expression seemed to be that he was in control.
Somewhat relaxed and casual. The woman wore the usual beige windbreaker and brown office skirt, looking elegant and noble.
Miyagawa did not expect that Kitahara was so good at predicting events that the Shinjuku District Court would arrange the hearing of this case so quickly.
And the Shinjuku District District Court took an unexpected approach to expedite the trial.
[Overlapping calculation of defense period and evidence period]
When Miyagawa received the court documents, she was already shocked by this method. According to the usual procedures, after the respondent receives the indictment, there is usually a period of defense. After the defense period, there is another period of proof.
This time, the Shinjuku District District Court actually overlapped the defense period and the evidence period and calculated them in parallel, achieving the goal of opening the court as quickly as possible.
When Miyagawa thought that all this was within Beihara's expectation, he couldn't help but admire him even more.
While admiring her, Miyagawa felt a little nervous. Although she had been a lawyer for two years, she had been engaged in non-litigation business during these two years, such as the issuance of stocks and bonds. This was her first time appearing in court as a litigation lawyer.
In the process of preparing to appear in court for this case, as he searched for information, Miyagawa became more and more unsure. There has never been a judicial precedent that admits that traffic perpetrators can sue highways because they failed to perform maintenance responsibilities.
.I have racked my brains to collect all the laws and precedents I can collect. Although this case can be filed in the civil law, it is just a side. When it comes to the choice of the cause of the case, should I choose a contract dispute or tort?
Miyagawa has been entangled in disputes for a long time.
However, the most distressing issue is the issue of court precedent.
Although Japan is not a case law country, whether the tribunal has precedents in the past will have a great impact on litigation. Based on the principle of pursuing legal stability, courts generally follow precedents in making decisions.
In the absence of precedent, especially in this special case of a traffic offender suing a highway, the court is likely to reject the decision based on a conservative attitude.
After thinking about it, Miyagawa couldn't help but feel a bit like a frustrated rubber ball, with his head drooped and his eyebrows slightly furrowed. However, during the process of searching for information, Kitahara seemed relaxed and composed, and Miyagawa didn't understand.
Why was Beiyuan so calm? He also secretly glanced at Beiyuan next to him and whispered: "Bei... Beiyuan, this case... I don't have any... knowledge."
When Kitahara heard Miyagawa's words, he turned around, as if he was confident, giving people the feeling of being able to "disintegrate the oars into ashes while talking and laughing." Kitahara smiled and said: "You know this case, we can
Where is the winning point?"
"Where?" Miyagawa tilted her head. Listening to Kitahara's words, her curiosity immediately aroused.
"What is the cause of our case?" Kitahara asked.
"Dispute over paid use contract. Because the client, Terai and Kawamoto Expressway, actually reached a paid use road contract during the process of paying tolls at the pole, so we went to the court to choose the cause of civil case filing, and of course we chose the paid use contract.
Dispute." Miyagawa answered confidently.
Beihara nodded in affirmation, showing a somewhat mysterious smile, "Yes, the secret of our victory is hidden in this case."
"What do you mean?" Miyagawa leaned forward slightly, his hair hanging down, and couldn't help but ask.
"Recite this case a few times, and you will naturally understand it." Kitahara showed a naughty smile. When he saw Miyagawa's serious look, he couldn't help teasing her.
Miyagawa immediately kept reciting, "Disputes over paid use contract" like a repeater. When he recited it for the sixth time, he seemed to have noticed something, and his face suddenly turned red, showing a look that was almost annoyed.
, "Kitahara! You are teasing me again!"
Then, there was a burst of male laughter.
"Miyagawa, I'm not joking."
The two of them just stood on the street, waiting for the taxi to arrive.
Miyagawa's feet were slightly together, but the uneasiness in his heart was not calmed by Kitahara's joke. This case is too rare, so rare that no precedent can be found. This kind of case has hope of being recognized in front of the conservative court.
It's not very big. But if this happens, who can stop the Kawamoto Expressway?
Just as he was thinking about things, Miyagawa glanced out of the corner of his eye and noticed that Kitahara took out a thick book from somewhere and started flipping through it, reading the book with a serious expression.
"Kitahara, what are you looking at?"
"Oh," Kitahara smiled and shook the booklet in his hand, "I am looking at the information of the presiding judge this time. The presiding judge this time is Judge Xiong Guiyong. I am looking at his past resume and precedents. I think
If I were not a lawyer, I would probably become very good friends with Judge Kumagai Isamu. I agree with many of his views."
Miyagawa listened to Kitahara's words, quietly stuck out his tongue, and then said: "Real or fake. I want to see it too." After saying that, Miyagawa stood a little closer to Kitahara and put the
I brought this booklet over.
However, in the booklet, there is actually an extremely detailed resume introduction about Judge Kumagai. It not only details his life and specific educational experience, but also includes the papers that Judge Kumagai published when he was a student. In the thick booklet, there are so many details
There are more than 100 pages, all of which are filled with information about Judge Kumagai.
This chapter is not finished yet, please click on the next page to continue reading the exciting content! It collects Judge Kumagai’s resume, articles, remarks, jurisprudence, academic conferences he attended, seminar records, etc. There are various colors on the booklet
Marks made with a pen, scribbling, and bright marks everywhere. The corners of the booklet have also been rolled up and slightly tilted, as if they have become old after the owner has constantly read them.
Miyagawa opened her mouth when she saw the booklet. She didn't expect that Kithara would collect the presiding judge's information to this extent and in such detail. This booklet almost made Judge Kumagai look through it all over.
It's like a professional detective investigation, and even specific life hobbies are included.
Miyagawa held the booklet carefully and began to read. His eyes scanned the booklet line by line, and his hands gently turned the pages. However, the more he read, Miyagawa's eyebrows trembled slightly.
Standing up, the browsing movements in his hands continued to speed up, especially when his eyes scanned Judge Kumagai's past cases, the expression on Miyagawa's face became stiffer.
Miyagawa flipped through the booklet as quickly as possible, and she was shocked to find that in past cases of consumer lawsuits against listed companies, Judge Kumagai dismissed almost all of their lawsuits, and only a very small number of lawsuits were recognized.
Judge Kumagai’s attitude is obviously pro-business, and he is extremely disgusted with troublesome lawsuits that unreasonably interfere with company operations, and many cases have been dismissed in court.
If this kind of judge were to hear the Terai case... the consequences would be simply unimaginable.
Before he even finished flipping through the book, Miyagawa was already stunned.
Is this lawsuit... over... from the moment it is assigned to a judge?
On the street, a black taxi drove up. In the windshield, small screens on the rearview mirror displayed the word "call". When the driver saw the two people on the street, he stepped on
The taxi braked and stopped in front of the man and woman. The electric door then slowly opened.
Chapter completed!