Chapter 378 Case review and female version research
Chapter 378 Case review and female version research introduction
Author: Jingxiadust
Chapter 378 Case review and female version research introduction
“...In addition, written regulations such as rules, decrees, and regulations are also binding on judges. Although there are no express provisions, a consensus has been reached.
The above-mentioned forms of legal norms have direct binding force on judges to adjudicate cases and are the institutional source of law.
Although it is difficult for precedents to become an institutional source of law, they are de facto sources of law and have de facto precedential binding force.”
After saying this, Machiko Dai looked at Keiko expectantly.
"Not bad, at least the foundation is solid." Keiko nodded, "Although Japan has statutory law, case law is also an important part, and it can often play an important supplementary role in places that statutory law fails to take into account."
Machiko Dai suddenly realized, "So, what happened this time is something that the statutory law did not take into account, and it is likely to become a precedent?"
"That's right." Keiko nodded, smiled, walked to the table, made the same action as Kensuke, and put his legs on the table.
Seeing this scene, Dai Machiko was stunned again and again.
"If the Daze Construction Apartment case is an isolated case, then the situation is very unfavorable for the research and introduction, because the lawyer Fei represents the 'public opinion' and is apparently weak. In court, the judge must be biased."
Machiko Dai's eyes immediately lit up, "I know this, so Lawyer Gu Meimen previously planned to attract more large financial groups, so that he can rely on these forces to put pressure on the judge."
Regarding her obviously biased words, Keiko smiled and did not refute.
"That's pretty much what it means. In short, if the Osawa Construction Apartments case were taken separately, the situation would be completely different from if a group of consortiums were involved, and the pressure on the judge would be completely different.
This is a series of similar cases. Once a judge makes a judgment, it is likely to become the first precedent, which will affect the judgment of a large number of subsequent cases. Not everyone can bear this pressure.
Moreover, I am afraid that Yanjie originally did not intend to take this as the first case. He should have wanted to make Tokiwa the first case.
The Twin Towers skyscraper of the Joban Foundation involves hundreds of billions of funds, and has the participation of Nishitama city councilors and various organizations. It is related to the political performance of countless important people and local finances. It is absolutely impossible to make the decision to demolish it lightly.
.
This is a landmark skyscraper. The judge will not impose such a penalty, and even if it imposes a penalty, it will be difficult to enforce it. Therefore, the final result must be monetary compensation, at most a larger amount, like the Suzuki Consortium, which is large enough for residents to purchase another one.
It’s a high-end residence.”
Different from Shizuo Komemon's simple guess, Keiko's explanation was much more detailed, and Machiko Dai felt enlightened.
"I see. If this is the case, Tsukiwa's case becomes a precedent, then it will be almost impossible for Osawa Construction to make an inconsistent judgment."
"That's right." Keiko smiled slightly, "It's just Shizu-chan's reminder of the concubine's lawyer's evil ways that forced Kensuke to temporarily change his response strategy."
What's this? Don't lawyers talk about science? Machiko Dai felt a little shattered, so she had to skip this topic, "By the way, what's the deal between Lawyer Gu Meimen and Lawyer Fei?"
Keiko tilted her head and thought about it, and couldn't help but laugh, "What Shizu-chan said is probably correct, so Kensuke must have been afraid, so he had to choose to compromise.
My guess is that as long as you are an enemy of the concubine's lawyer, you will encounter such bizarre dangers, and the only option left for Yanjie is cooperation.
As for the concubine’s lawyer, I personally guess that her idea should be to turn the Daze Construction case into a legal precedent first.
Then use this as a basis to find a few cases of the same type to prosecute. Most of the cases selected will not involve large financial groups, so as not to encounter too much resistance.
And...you know what Junius said?"
Dai Machiko was startled. She quickly grabbed her hair and thought carefully and nervously. Then she felt that her brain was empty and she found nothing.
Keiko shook his head and laughed, and suddenly became venomous, "I just praised you for your solid foundation, but now Japan's new lawyers have been reduced to this level? It's really laughable."
"Eh?" Machiko Dai was confused. Weren't we chatting happily just now? Why did she suddenly become like this?
"Your stupid reaction will only be laughed at by the other party in court, and then it will become a mark on the other party's record in the useless struggle. Do you understand? It is still the kind of record that cannot be shown off."
The corners of Dai Machiko's mouth twitched. Now she finally understood why this person was the ex-wife of lawyer Gu Meimen. The two of them had the same personality.
"One precedent creates another, and they quickly accumulate and become law." Keiko told her proactively, "Do you remember?"
"Hi! I remember!" Machiko Dai responded quickly.
"Therefore, the Daze Construction case alone is not enough to promote legislation. If lawyer Fei wants to achieve her goal, she still needs to do a lot of follow-up work.
What's more, with Yan Jie blocking the way, the concubine's lawyer should not be sure of winning, so it is possible for both parties to cooperate.
After all, Yanjie only cares about winning, while Lawyer Fei cares more about protecting the rights and interests of more people, so both sides can get what they need."
"Obviously just taking advantage of the situation..." Dai Machiko curled her lips and muttered in a low voice.
"In addition to using the accumulation of legal cases to promote legislation, what is faster but also more demanding is the residents' movement. Lawyer Fei is obviously not good at this kind of incitement work.
With her own character and ability, it is wise to choose to accumulate precedents, but with the cooperation of research and introduction, it is different, and you can see the effect."
Keiko said as he took out his cell phone and looked at it, showing a surprised expression, "The progress is faster than I thought. The number of protesters is now close to 20,000."
"By the way, there is also coercion and inducement, right? Lawyer Gu Meimen also did such a thing, right?" Machiko Dai remembered.
"Are you still not used to this kind of thing by his side? Is there anything worth making a fuss about?" Keiko chuckled and stood up, "I'm leaving, you can think about it slowly by yourself. This case is enough for you to study for a while."
"Ah? Aren't you waiting for lawyer Gu Meimen?"
"He ran away a long time ago. What are you waiting for?" Keiko left on high heels without looking back.
Machiko Dai ran to the bathroom to check suspiciously. While there was no one around, she quietly took a look at the men's bathroom. Sure enough, it was empty.
She left here with a black streak in her head, angrily planning to go help the concubine's lawyer.
Really, is it so scary to run away without saying a word?
Half an hour later, Machiko Dai arrived at the Metropolitan Assembly Hall, but the crowd was so huge that she couldn't squeeze in. She could only find a step on the side of the road and stand on tiptoe to look inside.
In fact, the concubine's lawyer had already entered the chamber, holding the sunshine regulations she had drafted after staying up late alone, and was scolding those members who did not listen carefully to her explanation.
