Tokyo Barrister: Start the law firm bankruptcy

Chapter 78 Decision
Hearing Judge Kumagai's words, the whole court once again fell into a tense atmosphere.

In practice, judges' decisions are often extremely unpredictable.

A paradoxical situation often occurs, that is, one party is extremely superior in the performance of the trial, but the result is that it loses the case.People don't understand what kind of method is needed to persuade and impress the judge.

Miyakawa was sitting on the plaintiff's table, already a little afraid to look up at the judge. He lowered his head slightly, half-closed his eyes, and kept praying in his heart.She had already fallen into a state of extreme tension and surprise.Surprisingly, Kitahara successfully counterattacked Imam, and it was so beautiful.However, on the other hand, I was extremely nervous because I was waiting for the judge to announce the decision.

Today's court trial is like riding a roller coaster, sometimes climbing to the top and sometimes swooping down.

Although Kitahara just came up with a judgment of the Tokyo High Court to explain that when a lawsuit is required in the Civil Procedure Law, it is necessary to have a "clear defendant" rather than a "qualified defendant".But as Kitahara himself said, this judgment has not been included in the precedent book and does not have the binding force of precedent.The fact that it has not been included in the precedent register itself, to some extent, has already expressed the attitude of the Tokyo High Court, that is, the High Court believes that this issue still needs to be observed and discussed, and may make a different judgment in the future.

Since it is not a precedent, the tribunal has the freedom to comply or not to comply.In other words, Judge Kumagai on the bench can follow his own will and make the decision he wants on this issue.

Miyagawa was so nervous that his whole body trembled slightly, and his eyes could not help but glance at Beiyuan beside him.

Imam, who was sitting on the other side of the seat, had an extremely ugly expression, his whole face was like a ball of crumpled paper, his brows were furrowed, and a knife-like gaze fell on the opposite plaintiff. The man who was still shaking the seat.But soon, the ugly expression on Imanishi's face gradually returned to normal.

In his mind, Imam carefully and calmly reviewed the trial process just now.

I still have the advantage.

In fact, in retrospect, the difference between the "clear defendant" and the "qualified defendant" that Kitahara just discussed is just a non-binding judgment, not a precedent that the court must abide by.

Therefore, there is actually no need to worry too much about this.

Moreover, regarding the sincerity of the parties concerned, he directly presented the new administrative fee invoice issued by Kawamoto Expressway.The special value-added tax invoice in Beiyuan's hand has been invalidated.From the point of view of the validity of the evidence, I have an advantage.

Even taking a step back, Judge Kumagai chose to abide by the non-binding judgment that Kitahara made just now.

But in this way, although it meets the conditions for the prosecution of civil lawsuits.

But there is still room for debate on the question of the defendant's fitness.

In other words, Kitahara just reclassified the issue, arguing that the issue of "defendant's eligibility" does not belong to the prosecution conditions that need to be reviewed by the court.

However, the "fitness of the defendant" is still a substantive issue that still needs to be resolved.Bei Yuan just escaped in some way, and the problems he faced were not fundamentally resolved.

On the trial seat, Judge Kumagai whispered to the two judges around him, and the whispering voice came from the trial seat.The distance between the trial seat and other people is just in a delicate position, so that people can just hear the voices of the judges whispering, but they cannot hear what they are saying specifically.

However, the more this is the case, the more it can arouse people's curiosity, and the more they want to prick up their ears to listen to the thoughts of the big shots on the stage.

I don't know how long it took, the whispering voice became smaller and smaller, and could no longer be heard. At this time, the two judges on the side of the referee's bench nodded slightly at Kumagai.

In an instant, Imanishi inexplicably felt a little nervous, a little palpitation.Imanoshi couldn't believe his emotions.I have participated in countless court trials, and I have long been a warrior in the battlefield, and I have long felt numb to the tense atmosphere of court trials.But today, this tension was awakened again.

Imanishi clenched his teeth slightly, his gaze became deep.

"The following is the court's decision." Judge Kumagai said loudly, the Yata mirror on his chest reflected the lights in the courtroom.

All the people in the court suddenly stopped their bodies slightly.The issue of the scope of civil cases has undergone extremely heated debates just now. Even laymen of the law cannot restrain their strong curiosity, wanting to know the final result and who will win in the end.

"This case falls within the scope of civil cases. And the defendant in this case is eligible."

Two extremely simple words came from the direction of the trial seat.

The frivolous words float in the air like bubbles, but they seem to contain a magical power that can quickly melt frozen water and turn it into boiling water in less than a second.

The hot steam erupted from the boiling water violently hit the top whistle of the pressure cooker. At the moment when the judge announced the decision, there was a loud whistle, like the whistle at the end of the game, announcing the victory of one side.

Imam was stunned when he heard Judge Kumagai's words. He wondered if he had heard it wrong.Immediately afterwards, he reacted, and the court actually denied his claim! ! !Something is wrong!Something is wrong! ! !Imanishi never thought that this kind of situation would really happen, and there was a greater emotional turmoil on that usually simple expression than before.

Imanishi immediately stood up from the dock: "The chief judge. The argument between us just now is whether this case meets the requirements for a civil lawsuit. Even if the court agrees that 'clear defendant' does not mean 'qualified defendant', That should only determine that this case falls within the scope of civil cases. As for whether the defendant is eligible, the trial should continue, and it is not appropriate to make a decision at the same time!"

Judge Kumagai looked at Imanishi and smiled slightly: "The defendant's lawyer. Do you have any new evidence or opinions to submit regarding the defendant's eligibility?"

The sudden question from the judge stunned Imanishi.

"No...no. Regarding the evidence that the defendant is eligible in this case, the evidence submitted by the defendant is the re-issued administrative toll invoice and the inquiry result form of the Road Property Registry of the Highway Bureau."

"Since no new evidence has been submitted, and you have no new opinions to add. So what's the problem with me treating this issue as having been fully debated and making a decision?" Judge Kumagai said.

Oops... Oops.

Imanishi didn't expect this result at all.I originally wanted to attack Beiyuan and the others with the procedural issue of "prosecution conditions", but I didn't expect the result to be self-defeating. Instead, even the extremely important substantive issue of whether the defendant is eligible or not was also solved together. Made an unfavorable decision for one's own side.

Imam sat in the dock with a dazed expression. It had been a long time since he had experienced such a scene.

The attack on the plaintiff failed.

Announcements of major litigation matters may be forthcoming.

The approval of Kawamoto Expressway's share expansion financing plan is in danger.

In the plaintiff's seat on the other side, the moment he heard the court's decision, Miyagawa's face flushed red because of the unstoppable excitement, and he couldn't help but grabbed Beiyuan's forearm vigorously, as if he was swinging for the first time. The child on the swing almost jumped up and down for joy.

Miyakawa's slender jade fingers seemed to be exerting too much force due to excitement, and the suit jacket on Beiyuan's forearm was pinched into wrinkles by Miyakawa's jade fingers.

"Pain, pain, pain." Bei Yuan pretended to be very painful, and said with a playful smile.

As soon as Miyagawa heard it, his face turned redder, and he immediately shrank back, sitting upright in his seat like a good student, but the joy on his face was still clearly visible, like the colorful colors on the seasoning board. .

Niwa in the auditorium couldn't help but smile too.

Kitahara Yoshiichi, Niwa silently said the name again in his mind.The young man in the plaintiff's seat seems to have a kind of charm, which can't help but be drawn by his every move, can't help caring about his behavior, can't help but feel happy and sad together with him.Really... really annoying, Niwa smiled silently in his heart.

Judge Kumagai on the trial seat glanced at the clock hanging on the wall, then at the case files piled high on the table, and said, "I didn't expect to spend a lot of money on whether this case falls within the scope of civil litigation." Considering the amount of evidence submitted by both parties in this case, the presentation of evidence and cross-examination will be left to the next court hearing, and the court will be held on another day. Now the court is adjourned!"

"Crack!"

The gavel fell on the wooden seat.

sounded.

(End of this chapter)