Lawyer Luo’s live broadcast of popularization of the law, are you acting as a joke player?

Chapter 155 The judge is furious: I have no right to control?Territorial Jurisdiction Personal Juris

Chapter 155 The judge is furious: I have no right to control?Territorial Jurisdiction Personal Jurisdiction Choose one!
The scene of the trial.

"We raise an objection to jurisdiction. Yanhuang's law should not be used in this case, and the law of our country should be used for trial!"

The international gold medal lawyer Jason said this sentence in awkward Chinese.

Although speaking Chinese is quite a mouthful, I seem to have gradually adapted to it.

As soon as this word comes out.

All of a sudden, the trial procedure according to the flow was stuck.

It's like someone stuck a wrench in the gears that are locked and turned.

The process is stuck.

As for the next step to officially enter the tearing debate, it is impossible to talk about it.

Jurisdiction objection?
Ok?
Trial the case in the court of Yanhuang!
But ask the judge not to follow Yan Huang's law?

Do not use Yan Huang's law?

Use the laws of the country where the sun never sets to try the case?
What?

Excuse me?

What is this nt?

Is it necessary to airlift a trial court and a group of jurors from the country where the Sun Never Sets Museum is located?
The reporters who were watching from the spectators were stunned.

Funny.

Please, this is Yanhuang.

This case happened in Yanhuang.

According to the principle of suing the plaintiff against the defendant.

Since you have sued Yanhuang here, then you will be judged according to the laws here.

Are you still there to raise objections?

Do as the Romans do, haven't you heard the old Yanhuang saying?

Well, the other party may have heard of it, but I don't know what it means...

According to the plaintiff's logic:

Then you can sue directly in the country where the Sun Never Sets Museum is located. Do you think the defendant on our side should sue?
Let's see if the defendant will fly all the way to the lawsuit?
Trial in absentia across countless countries?

Do you think the defendant recognizes the verdict?
To make an analogy:

You are an ordinary person, you are sitting at home swiping your phone, but a country on the other side of the earth sent you a letter of judgment in absentia!

You are required to go to the country to pay the fine, do you admit it?

You probably would have said something stupid at that time, what the hell is this?Can a country halfway across the world control me?It doesn't matter.

So I'm going to pay the fine, what a fart, the only thing that can control me is the law of the country where I live.

As for other countries, sorry, I don’t know how to read, and I don’t recognize this judgment, it has nothing to do with me (melon).

Throwing away this inexplicable default judgment delivered to your door, those who don't know think it's some kind of fraud...

In order to avoid the above example from appearing.

Therefore, it is generally the plaintiff who follows the principle of the defendant, and the plaintiff takes the indictment to the court where the defendant is located to file a lawsuit.

Jurisdiction emerges.

Within the jurisdiction of the Court of Justice, one can manage people as well as affairs.

If you are accused, you have to respond. If you do not respond, you will be given a silver bracelet.

want to run! ?
Can you run?
under this compulsion.

The power born is called Jurisdiction.

Under the state of being sued, the defendant is under the jurisdiction of the court.

Then the case can be executed directly and quickly on the spot after the case is judged.

This principle is also applicable to countries in the world when it is magnified.

The principle of the plaintiff versus the defendant within the jurisdiction basically applies to the laws of all countries.

But the current golden barrister, Jason, actually proposed in court not to use Yanhuang's law in the trial?
Is it possible to use another legal system for trial?

This is like this person saying that Yanhuang's trial court can't judge me and can't judge me!
Tell the judge in the trial hall that you have no jurisdiction over me.

Arrogant!

Extreme arrogance.

Such a big face?

Are you worthy?
Why don't you go to heaven?
That's off the charts, right?
Good guy, this international gold medal barrister really can make some moths everywhere.

Several presiding judges frowned.

One of the judges lightly tapped the wooden hammer in his hand: "The plaintiff, the museum that never sets the sun, please state the reasons for the objection positively!"

Several judges know that this case has attracted the attention of countless people, and it will be broadcast live or broadcast live!
A slight flaw in the performance will be magnified and discovered by countless people.

So in this trial, it is perfect and fair no matter what.

Countless people at home and abroad can't pick a thorn.

Convince everyone!

Reasonable and well-founded, law-based.

The trial was fair and just, in line with the procedure, the process, and the simple concept of right and wrong.

To be questioned by a judge.

Jason, the international gold-medal barrister sitting on the plaintiff's table, looked at the three alternate lawyers behind him!

After writing and drawing on a piece of paper in his hand, he looked up at the judge: "In this case, the plaintiff and the defendant are in different countries, and the case also happened in two countries!

This is obviously a conflict between the jurisdictions of two different countries. Since there is a conflict, it should be claimed in accordance with international practice!We advocate a trial in accordance with the laws of the country where the Sun Never Sets Museum is located! "

The international golden barrister put forward the reason, that is, the case involves the conflict of jurisdiction of two different countries, so follow the international practice.

It's about home field advantage.

Which side's law is used to judge which side's law is applicable, then which side has an absolute natural advantage!

Home field advantage!

Just like a football game, the teams in the game are also divided into home games and away games!

The side with the home field advantage!
In any case, it always has the advantage of familiarity, and can play a little bit beyond the ordinary.

As for the away side, it is at a disadvantage.

Let's use a close-to-life example:

That is, people who grew up on the plains suddenly came to the plateau to run marathons.

Without adapting to the oxygen level of the plateau, not to mention participating in a marathon, even walking is estimated to be suspended.

Not wearing an oxygen cylinder already shows that the body is strong enough.

As for wanting to compete, wanting to compete with people who have grown up on the plateau for a long time?That is simply impossible.

This is the most obvious manifestation of home court advantage.

Home court advantage can give one party an inherent advantage in a lawsuit.

The winning rate can be increased rapidly.

This is the purpose of the gold medal barrister Jason to raise the jurisdictional dispute.

He came to the away game, so if he proposed in court to apply the laws of the country where the museum is located, it could become a home game.

Good guy, really thoughtful enough.

There is a saying that goes:

I may not be able to defeat my opponent in an unfamiliar field, but as long as I pull my opponent in my familiar field (moral level), then I am invincible and invincible!
thump.

The judge lightly tapped the wooden hammer in his hand.

After questioning the complaining plaintiff.

Then ask a few people sitting in the dock next.

Luo Kai has attracted much attention as the defendant's lawyer.

The judge asked: "As for the objection to the jurisdiction raised by the plaintiff and the request to try out the laws of the country where the museum is located, do you have anything to say and refute, the defendant?"

Now the pressure is on Luo Kai's shoulders.

The owner of the collection hall sitting next to him held his breath.

There was a little anxiety in his eyes.

I didn't expect to enter such a difficult debate mode at the beginning.

He has a little understanding of the law, and he can understand it literally.

It's not that I haven't heard of the usual law popularization programs...

home field advantage.

Is the other party going to reverse abruptly?
Luo Kai glanced at his client and gave him a calm look.

In this case, the defendant acted as the defensive party.

Luo Kai had predicted this situation in the previous drill.

Situations worse and more difficult to deal with than this one have been predicted.

Divide each step of the trial into dozens of parts, and then conduct a 1:1 analysis and comparison to find out the corresponding countermeasures, and even prepare at least three plans in advance...

Just like an exam, the test paper only requires one answer, but Lawyer Luo has prepared at least five solutions...

Even ten kinds of 10 kinds!
It can be arranged temporarily and flexibly according to different topics on site.

outrageous.

under the spotlight.

Luo Kai glanced at the international gold medal lawyer Jason sitting in the dock.

He tapped the draft paper in his hand lightly with his finger, and said slowly: "As the defendant in this case, we completely disagree with the jurisdiction objection raised by the plaintiff! We even find it ridiculous."

Luo Kai slapped him in the face as soon as he came up.

If you raise an objection, then I object to your objection even more!

You object to my objection.

Then I object again.

Whoa, whoa, whoa!
Matryoshka is prohibited.

The judge nodded and asked:
"The defendant, please state the reasons and opinions of the objection!"

Luo Kai continued: "The jurisdictions of the two countries conflict with each other, and there is a solution!

Which country's laws apply is expressly stipulated.Yanhuang, the country where we are located, has signed a relevant agreement with the country where the plaintiff is located:
Where the case occurred, considering the convenience of on-the-spot investigation and evidence collection and inquiring about the judgment, it is conducive to accurately and timely ascertaining the facts of the case, ensuring the quality of the case, and facilitating the participation of litigation participants in litigation activities. Comprehensive consideration, which side's law is applicable ! "

Luo Kai paused at this point, and then gave more sufficient evidence: "In this case, the follow-up investigation has occurred, and the prosecution and debate of the case are in full swing.

Therefore, whether it is subject to personal jurisdiction or territorial jurisdiction, Yanhuang's law should be used!

Moreover, there is an international practice, and you, the plaintiff, have not said everything: If there is any dispute over the application of the laws of different countries, you can discuss which country's laws apply, and if the negotiation fails, follow the general principles!

You, the plaintiff, claim an objection to jurisdiction, but we disagree. This is obviously a failure to negotiate, and both parties insist on their own opinions. Therefore, Yanhuang law must be applied in accordance with general principles.

Besides, if Yanhuang's law does not apply, why did the plaintiff come here?What are you eating here? "

Luo Kai refuted with reason and evidence.

Tell the facts, put the evidence.

Talk about clauses, talk about contracts.

In the end, there even came the torture of the soul and went straight up:

If you don't acquiesce in advance that I, Yanhuang, have jurisdiction over this case, why are you suing me here?
After Luo Kai finished speaking, everyone at the scene fixed their eyes on the judge.

After the judge synthesized the opinions of both the plaintiff and the defendant.

Lightly tapped the wooden hammer in his hand.

"According to the convenience of handling cases and the principle of prosecuting the plaintiff against the defendant, I, as a judge, hereby announce that Yanhuang's law is applicable!
Regardless of whether the argument is based on subordinate personal jurisdiction or subordinate jurisdiction, this court has determined that the law of Yanhuang is applicable.

The objection to jurisdiction raised by the plaintiff in court is invalid. Please prepare for the next step of the trial process. "

The judge hammered.

Set the tone for this debate.

He looked blankly at the international golden barrister in the plaintiff's seat.

Then the judge looked away.

Both plaintiff and defendant also bowed their heads.

Both sides returned to their respective positions.

The battle for home advantage.

The first battle has already started.

Luo Kai vs International Gold Medal Barrister!
Luo Kai wins!

Gained home court advantage.

The probability of winning the case has increased a little.

Neither side said much about it.

This is just a trial before the first fight.

A little warm up.

Then the debate will be a good time for a formal fight.

The first warm-up match is over, and the second match will officially start.

……

Netizens at home and abroad who watched the case online commented one after another:
"Which big brother can talk about jurisdiction or something? For example, personal jurisdiction and territorial jurisdiction, these are some proper nouns, and those who have not studied law will look confused!
Obviously seeing the fierce debate on the spot is like watching two old men under the overpass on the roadside playing Go to the death, but I just can't taste the taste of it, it is simply too uncomfortable! "

Some netizens eat melons online.

But if you want to understand this melon clearly, you still need some legal knowledge.

So in the comment area, some legal professionals stood up and explained:
"Jurisdiction means that I can control you. To use a metaphor in life, parents can discipline their children!
Personal jurisdiction, as long as people in this country can apply the laws of that country to govern!As long as it is the child of this parent, it can be managed.

Territorial jurisdiction means that everything that happens in the country can be controlled!As long as they are in the house where their parents live, they will be under control.

By the way, a little science popularization, aircraft and ships belong to the territory and airspace of Yanhuang legally, which is a classification of territorial jurisdiction!
That is to say, if someone flies into space in a spaceship, he will still be governed by Yanhuang's law! "

After various professional explanations, netizens can finally eat melons correctly.

Countless people nodded to show that they learned new knowledge.

Then some netizens with clear ideas obviously asked a very weird question:
"I said if, if Zhang San goes to outer space to kill people, can he be controlled? Please explain it in terms of jurisdiction!"

"I said that I want to be an astronaut when I grow up. Attorney Luo was very happy, and told me about my favorite jurisdiction issue [doge]"

"I said that I want to be a forklift when I grow up. The teacher was very happy. He shoveled me out of the lecture theater [doge], and if I didn't understand, I will give you a big mouth that is fragrant and crunchy [Miao ah]"

“[Pick nose] Then you say that Zhang San (silicon-based life) in the 5-dimensional space-time killed Li Si (carbon-based life) in the 4-dimensional time-space (intentionally), and the location is in the turbulent flow of time and space, so I would like to ask Zhang San Is it a crime, can Yanhuang's laws govern Zhang San?"

"Is this a question that silicon-based creatures can ask? Trisolaran Zhang San expressed disdain for human laws and threw a two-way foil at the earth. Dog head."

"Zhang San (×)

Chapter three (√) [doge]. "

"Chapter Three, English name: Three Zhang or Tom Zhang, you violated the Galactic Justice Law."

"I give you fifty cents to delete it, and then you take fifty cents to buy spicy strips and eat it. Isn't it delicious? [doge]."

"Although Zhang San has gone to heaven [weeping with joy], he still has to sit down in prison."

"It can also be sentenced to death, thrown directly from the spaceship and turned into space junk [wonderful]."

"Summary: There is no place outside the law in this world, there is always a [doge] suitable for you, Zhang San, please be quiet!"

"Good guy, the case has not officially started to be defended, it has already started to fight, the smell of gunpowder between the two sides should not be too strong, let's fight!"

"..."

Netizens on Yanhuang's side ate melons like crazy.

In the process of watching the trial, you can also learn legal knowledge.

Overseas foreigners watch through subtitle translation and the like.

If you want to post a comment or something, you have to type slowly.

Let these people scratch their heads.

Some people are even on the other side of the world, squatting next to the computer in the middle of the night.

Just to see the trial process of this case.

 I was dragged to work overtime on Friday today, hey, I will send a 4000-word one first, and I have time tomorrow weekend, the author will resume the [-]-word update!

  
 
(End of this chapter)

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