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

Chapter 243 Judge: Someone becomes a referee and also wants to be a player, right?

How to determine this contract as an illegal contract?

Luo Kai gave his argument in court:
"When you look at this contract, first of all, it is illegal in terms of format elements. According to the provisions of the law and the requirements for the format of the contract, the rights, rights and obligations of both parties must be stipulated for both parties signing the contract. !
However, among all the terms listed in this contract, the full text only shows that the woman requires the man to pay various amounts of money, whether it is the cost of betrothal gifts or various fees for authenticating the house book, and even compensates the woman if the authentication fails. This It is simply out of touch with the world!

The woman shown in the contract text has no obligations to perform, and the man who signed the contract...the man who is about to become the groom!But he doesn’t have any rights, he just gives passively!Rights and obligations are completely unequal!This is a missing element in the contract format. From this point on, the legality of the contract can be denied! "

Luo Kai first started with the debate on the element format of the contract.

Luo Kai then went on to grasp some details, such as: "In this contract, please look at the final signature and thumbprint. Why are the handwritings of both parties signing the contract the same!? Logically speaking, both parties signing the contract Shouldn't it be two parties? It's two people's different handwriting.

But why are all the contracts signed in the same handwriting?

We have reason and evidence to suspect that when this contract was signed, our client’s expression of wishes was not reflected!
Regarding this same document, we have applied for a handwriting comparison appraisal from a professional appraisal agency before the court session. This document was not signed by our client, the plaintiff!
The identification of fingerprint comparison has also been completed, and it is not the fingerprint of our plaintiff's man. Therefore, I have reason to conclude that this piece of evidence is not a true expression of our plaintiff's wishes and has no effect at all! "

Although Luo Kai felt that the plaintiff's husband was acting like that.

But if you want to win the case.

You have to start with all the details.

While talking to the plaintiff’s man and his parents.

Found an entry point.

That was when the man transferred nearly 30 yuan for the last time.

The man in his twenties was so angry that he threw the table and walked away, not planning to get married.

The two sides spent a full two days in various pulls.

After negative emotions coupled with lack of sleep, the whole person is in a irritable state.

The man turned over the table and quit!

He even said on the spot: This marriage is so good, he won’t get married.

Then I smoked a cigarette in the corridor to relieve my boredom.

The young man did this kind of thing when he was young and energetic, and he may have been preached by the man's parents later.

But in this case, this was the most correct thing the man did (Luo Kai expressed his thumbs up)!

Men can be willful.

But the man's parents, who are anxious to hold their grandson and wait for their daughter-in-law, can no longer ignore it.

Since the cost of silence in the early stage is too huge, almost more than 30 yuan, if we don't continue, it will be in vain.

The man’s parents can only grit their teeth and ask the people from the dating agency to sign their names on this so-called contract!
Then the man's parents will take the fingerprints on the man's behalf.

The man saw this contract when he came back.

After her parents begged repeatedly with tears in their eyes, after signing the contract, the woman pretended to be a good and lovable daughter-in-law (pretended)!

Under multiple offensives.

The man, who had a sense of luck in his heart, could only grit his teeth and accept the contract.

The person who signed the document was not the man himself.

The man does not press the fingerprints himself.

Thus.

This so-called contract signed by both parties equally and voluntarily under the witness of the dating agency...

Is it a legal contract?
Consider it an equality of wool?
Is it considered a voluntary signing?
Is this a rough contract?

The person who officially signed the contract was not present, and the signature and fingerprints were regarded as a woolly contract, which was considered a false certificate.

This is considered illegal evidence.

It’s completely unnecessary to use it.

Ha ha!

It was after Luo Kai understood this that he dared to use this contract as a breakthrough point to debate.

And only then did they propose to conduct an appraisal in court.

Anyway, the handwriting and fingerprints on the contract were not written by the plaintiff’s husband himself.

Any identification.

By stating the first two points, this piece of evidence can basically be eliminated.

But Luo Kai felt it was completely insufficient.

Treat the contract as illegal evidence.

deemed an illegal contract.

Just step 1.

This is defense.

Then there is the attack.

Luo Kai spoke again:
“Point 3: From the perspective of the interests of the three parties who signed the contract and the witnesses, there is a clear possibility of collusion between the defendant woman and the dating agency!
According to the law, the witness of the contract is required not to have any interest in the transaction, but to have his or her own independent witnessing status. Only by witnessing for a fair, just, reasonable and legal purpose can the contract be established! "

“In this case, the plaintiff, the woman, and the defendant of the dating agency have an unclear and constant interest relationship with each other!

The most direct proof is why all the amounts involved in this case should be transferred to the witness's account?
If an amount of hundreds of thousands is transferred to the witness's account, then it can be inferred that the witness has an interest relationship with the defendant in this case, and the interests are mixed. The dating agency, which was originally in a position independent of the parties signing the contract, participated in There is a conflict of interests!
The identity of the witness of the dating agency and the identity of the defendant woman who signed the contract form a personality confusion, and the dating agency automatically loses its identity as a witness! "

“Just like a shareholder in a company, who controls the company’s independent status and signs contracts with outsiders, causing losses to the company, in the end this shareholder must bear joint and several liability (if he loses money, he will be liable to death)!
It's like a referee coming off the field to help a player of a team during a football match. In this way, the referee automatically loses his identity!As the plaintiff's attorney, I raised reasonable questions in court, and I hope the defendant can explain it clearly in court during the subsequent debate! "

Luo Kai's argument was quite clear.

He even gave two examples at the end of his speech.

An example that even those who study law can barely understand!
The other is an example that ordinary people can understand.

He angrily denounced the complicity between the dating agency and the defendant woman.

There's a conspiracy between you two.

A complex of mutual interests.

Dating agencies simply cannot be recognized as witnesses.

It’s impossible to be a referee and a player at the same time, right?
Where does that leave the law?

Usually when signing a contract.

The witnesses sought by both parties are generally people whom both parties trust.

But there is a gap that cannot be crossed: there cannot be any interests or entanglements with the parties signing the contract.

Once it can be proven that the witness is a party to the signing of the contract in secret.

Then this contract is suspected of collusion between the witness and the party signing the contract to commit fraud and deception!
At this point, Luo Kai also added a piece of evidence: "Regarding the above point of debate, the evidence we cited is the bank card statement of our client's payment into the account of the dating agency, which is evidence collected from the bank's backend!

And this contract that we let everyone see in court!The signatures on the contract are the same. As for the fingerprints on the contract, we hired a professional fingerprint identification agency and a clear identification report has been made. The signature where the man signed the original contract does not belong to us. The plaintiff’s! "

"Our evidence for the first claim is over. The defendant hopes that you can explain clearly what I just asked!
Especially for dating agencies, I hope you can explain clearly why you still hold this deposit and refuse to return it, even though the marriage initiation has failed. What qualifications and position do you have to hold these hundreds of thousands of money?
Just relying on this so-called contract?Is it just based on this fraudulent contract created by you snakes and rats?Simply funny? "

Luo Kai said this and patted the table.

He patted the table heavily.

Everyone was taken aback.

Even the judges are like that.

Luo Kai's anger level has accumulated to a certain level.

If I don't do something, the heat in my heart seems to be impossible to get out no matter what.

It was extremely uncomfortable to hold it in my throat.

……

The judge tapped the wooden hammer in his hand lightly.

He glanced at Lawyer Luo: "Cough cough cough, plaintiff's lawyer, please pay attention to the occasion and control your emotions!"

For the sake of order in the court, the judge will remind you according to the procedure.But there is no actual punishment.

Not even a verbal warning.

Ah!
the reason is simple.

Because during the debate just now.

What Lawyer Luo said is so fucking reasonable.

Tell all the fraud the plaintiff suffered.

Not only did the so-called contract become illegal and discarded, it also made the dating agency directly involved.

There is a conspiracy between the dating agency and the woman.

There is an exchange of interests between the two parties.

Then forget about the disinterested relationship.

witness?
Ha ha!

Are they all like a nest of snakes and rats?

Did both parties collect the money together?

Are you talking about a witness who has no interest entanglement?
The judge turned around.

Knocked the wooden hammer in his hand: "According to the first lawsuit filed by the plaintiff: requesting that the defendant be sentenced for partnership fraud and extortion. The plaintiff's lawyer requested that the contract be identified as an illegal contract and a fraudulent contract. The evidence has been presented in court!"

"You, the defendant, can start to debate, raise objections and rebuttals, but please remember to bring the evidence in court. This is the court evidence!"

The judge simply summarized the focus of the dispute between the two parties: the contract signed was an illegal contract and a fraudulent contract.

Then start the tearing process for both parties.

above the court.

Countless reporters sitting in the spectator seats or standing in the back row instantly became excited.

This debate!
Lawyer Luo attacked from several aspects, including the format element signature of the contract and the definition of witnesses.

To fight.

Next, we need to take a closer look at how the defendant’s lawyer defends the case.

Netizens all said that they should eat melon in the front row (no water here, be good).

The defendant's dock was divided into two parties.

Divided into two groups.

One group is: Defendant 1, No. 2 are the same group, the married woman and her mother-in-law.

The lawyer hired was an Internet celebrity lawyer who desperately wanted to be famous.

Another group: the dating agency, and the female lawyer hired by the dating agency who had competed with Lawyer Luo in court in the previous case.

Although both parties were the same defendants, they sat in the dock.

But in this case, who is the principal criminal and who is the accessory?

There is no complete conclusion yet.

but!

From Luo Kai during the debate just now.

Undoubtedly, they want to identify the dating agency as the main culprit in the fraud crime in this case.

The dating agency takes the lead, with the woman as the auxiliary, creating a high-end version of the fairy dance.

This is a scam.

Ah!
what?
You said that the woman would be considered an accessory. Did you let her off lightly?
No, no!
Isn’t this another sin?
The crime of extortion.

The main culprits of the extortion crime are the woman and her mother-in-law!
The accomplice is a dating agency, acting as an assistant and not paying back the money...

Ah!
perfect.

Moreover, Lawyer Luo deliberately left a gap without explaining who was the principal offender and who were the accomplices.

In this way, if the two groups of defendants can be identified as criminals!
When deemed a crime.

When the time comes for sentencing, the two parties will definitely be at odds with each other internally.

Faced with the threat of losing a few years in prison and a few years on a sewing machine, everyone will burst out with a survival instinct and frantically identify their teammates as the main culprit.

Debate claims to be a poor accomplice.

to get a smaller sentence.

Let them tear it apart on their own.

Go to internal friction yourself.

Luo Kai reaps the benefits.

Save time and effort, and achieve the goal perfectly.

Isn't this the best strategy?
In the art of war, this is called surrounding three and missing one!

Whoa, whoa, whoa!
Far away.

on site.

Sitting in the dock, the female lawyer hired by defendant No. 3 (dating agency) was about to speak.

She pressed the microphone in front of her.

but! !
Ziliu Ziliu!

Everyone subconsciously covered their ears.

Ziliu Ziliu!

This sudden sound of electricity caught people off guard.

The argument logic that the female lawyer had just sorted out in her mind was suddenly disrupted!

but!

It can be seen that this person's professional quality as a lawyer is quite good.

But the more knowledge he has, the more fairness and justice he will lose when he debates for the bad guys.

After the scene was restored.

The female lawyer said: "As the defendant, No. 3, who is also the defense lawyer of the dating agency, I raise objections and doubts about the plaintiff's accusations and evidence! Of course, I also answer the questions just asked by the plaintiff's attorney!"

The female lawyer glanced at Luo Kai!
Because I almost lost the last case.

The female lawyer was extremely wary of her opponent, Lawyer Luo.

Luo Kai was also looking at her expressionlessly!
The brown and black eyes reflected the fury of thunder.

The female lawyer couldn't help but panic.

There was a lingering feeling of impending disaster.

Lawyer Luo’s nickname of prison ferryman came to mind for some unknown reason.

It probably reminded her of a sentence:

When you stare into the abyss, the abyss stares into you.

The female lawyer withdrew her eyes, gritted her teeth, and forced the bad premonition out of her mind.

He opened his mouth to argue: "First of all, I don't agree with the claims and evidence provided by the plaintiff's attorney! We insist that this contract is a legal contract and that both parties signed it on the basis of equality and voluntariness! There is no problem at all!"

"As for handwriting and fingerprint identification..."

(End of this chapter)