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Chapter 68: Firefight (2)

The legal team of Kawamoto Expressway in the auditorium were originally worried about Kitahara Ichiban's counterattack against Onoda, but when they saw Onoda so beautifully organized an extremely beautiful counterattack in an instant, their faces suddenly changed.

He showed a relaxed smile again and started whispering.

"He is worthy of being a lawyer of the 1,000-meter club."

"Of course, otherwise how could we afford the legal fees we paid?"

"Just wait for the opponent to be completely defeated."

"It seems that today's lawsuit will be resolved within 15 minutes."

Imanishi was also proudly admiring his protégé’s performance. Onoda’s performance could be said to be full marks. Onoda’s strategy of using the “civil scope” defense to snipe the lawsuit can be said to have won his heart.

At this time, in an unnoticed corner of the auditorium, there was a female reporter sitting. She was holding a notebook with concentration and was writing down. The notebook was already full of the controversial points that had just been spoken by both parties in the lawsuit.

This female reporter was Niwa. Although Niwa did not study law, she had already felt the extraordinary tension between the two sides.

Niyu's eyes fell on the young male lawyer at the plaintiff's table. From the moment she saw the other party's plaintiff's lawyer, she was slightly surprised. She did not expect that the other party was such a young lawyer.

"Kitahara Yiichi." Niyu recited the name silently in his mind and kept it in his heart.

After listening to Onoda's rebuttal, Kitahara put his hands back on the edge of the defendant's table and walked to the secretary's desk in the middle. He turned around with a more cunning smile on his face, but heard Kitahara say:

"What Lawyer Onoda just said is that there is a contractual relationship between Terai and the expressway company, but the content of the contract for paid use of the road is filled by national mandatory regulations, so the maintenance obligation is not a civil liability in a contract, but

Has it become an administrative responsibility?”

"Yes," Onoda replied with a smile.

Onoda concluded that Kitahara could not hold on anymore. Now Kitahara was relying on repeating the questions he asked to delay time. He had to pursue the victory. Onoda was about to continue speaking, but found that the other party was standing next to the secretary's desk, looking at him.

Kitahara said: "That means you think there is a contractual relationship between Terai and Kawamoto Expressway, right?"

Onoda was about to answer "yes" when he suddenly felt something was wrong. No, that's not what he meant. He didn't mean to say that Terai and Kawamoto Expressway had a contractual relationship, which would be equivalent to admitting that this was a civil case. What he meant was that

It is said that the relationship between the rights and obligations of both parties is directly stipulated by the state, so it is not a civil relationship...

etc……

Onoda suddenly realized something. There was a big flaw in his counterattack just now. He had admitted to some extent that there was some kind of legal relationship between Terai and the expressway.

Unfortunately, Onoda immediately seized the opportunity and was about to add something to what he just said, but saw that Kitahara had already spoken.

Kitahara said slowly: "Just now, the defendant's attorney thought that the content of the rights and obligations of both parties was filled by national mandatory norms, so he thought that this relationship was an administrative relationship. He was terribly wrong."

"Chief referee, imagine that I sell a rice cooker to the other party. Of course, the design of my rice cooker needs to comply with national standards. According to the point of view of the defendant's attorney just now, the design of my rice cooker is restricted by national standards.' A large number of state compulsions.

Sexual norms are also filled in my rice cooker sales contract. I would like to ask, does my rice cooker sales contract become an administrative relationship?"

"Just now the defendant's attorney also said that in the relationship between Terai and Kawamoto Expressway, there is no element of 'voluntariness'. Isn't it? The plaintiff Terai decided whether to enter the expressway, and the highway company decided not to let him or her pass based on their management rules.

Isn't this the most important voluntary factor in allowing the plaintiff to enter the expressway? The plaintiff drove and paid, and the Kawamoto Expressway Company raised the road bar. This is an extremely obvious example of mutual agreement and voluntary transaction."

As if seizing the opponent's momentary flaw, Beihara opened fire quickly like an artillery unit, and bursts of artillery smoke exploded on the opponent's position.

Beads of sweat had formed on Onoda's forehead. He couldn't help but glance at Judge Kumagai on the stage with his peripheral vision. Judge Kumagai's expression did not change at all, and it was unclear whether he was moved by Kitahara's views.

Onoda immediately retorted: "The plaintiff's attorney is again obliterating the special nature of the expressway business itself. The right to charge expressways is granted by the state with a special license and will expire after the expiration. It is different from the way to collect fees for general civil and commercial activities.

Completely different. This power to charge fees is granted by the state!"

Kitahara was very interested. The moment Onoda finished speaking, he immediately said: "Please pay attention to the defendant's attorney. Oil, gas, electricity, water bills, public transportation buses, subways, and even taxis, these businesses and businesses are all

It requires special permission from the state and the issuance of a license to operate. Isn’t there a civil relationship between the gas company and the user? Isn’t there a civil relationship between the gas station and the car owner?”

Beihara took a step forward and said with a grin: "Even take our law firm as an example. Without a lawyer's qualification, we cannot accept client entrustments and collect fees. Is it because our practice needs to be licensed by the state?

Does the relationship between them constitute an administrative relationship rather than a civil relationship?"

Onoda felt as if he was being held and was undergoing an extremely intensive attack from the opponent. Then he wiped the sweat from his forehead with his hand: "Just now, the plaintiff's attorney has been maliciously confusing the special nature of the expressway business. Like the expressway's

Fees are strictly controlled by the state, and our fee range is fixed within a very narrow range. It is not the case that parties in a general civil relationship can adjust the consideration at will. Please pay attention to the court."

As soon as Onoda finished speaking, Kitahara immediately fired again: "Defendant's attorney. Even our legal profession and charging standards will be restricted by the Bar Association. In today's society, it is common for administrative agencies to regulate various prices and prices.

The defendant’s attorney has always emphasized the so-called special characteristics of the highway industry. But the fact is that each industry has its own regulatory rules. According to the defendant’s attorney, doesn’t every industry have its particularities?

What else do we need the Civil Code for?"

A series of questions were fired at Onoda like cannonballs. Under such intensive attacks, Onoda's head was like a high-speed CPU that finally could not bear the huge load.

Onoda felt that his brain was shut down and he could no longer reflect. He opened his mouth, but nothing came out.

Oops...terrible.

Onoda, who originally dreamed of defeating Kitahara in court, suddenly found that he was gradually being cornered by the lawyer in front of him.

Could it be that this move of mine will fail?

This is impossible!!!

Onoda wanted to speak and refute Beihara, but his mind was blank and he could not form any words.

"Plaintiff's lawyer", Judge Kumagai in the middle of the trial seat, suddenly made a voice and interrupted Kitahara. However, he saw Judge Kumagai Kong Wu's powerful eyes looking at Kitahara, without showing any tendentious expression on his face, and his mouth seemed to be smiling.

Weixiao said: "Plaintiff's lawyer, I already know your point of view, there is no need to repeat it again."

Seeing the judge suddenly interrupting Kitahara's speech, Onoda breathed a sigh of relief. Judging from this signal, the judge should still be on his side.

Kitahara turned to face the referee, nodded slightly, and walked gracefully back to the plaintiff's seat like a gentleman, as if what he just held was not a court debate, but a model's catwalk.

Judge Kumagai glanced at the situation in the court, cleared his throat, and his loud voice immediately echoed in the court, "Just now, I have learned about the opinions of the attorneys on both sides on whether this case falls within the scope of civil cases. What follows?

, the court will be adjourned for five minutes. The court will resume in five minutes, and I will announce whether to dismiss this lawsuit."

"Click!", a crisp knock of the gavel came from the trial seat.
Chapter completed!
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