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Free Web Novel,Novel online - All in oicq.net -> Prose -> Hello Miss Lawyer Chapter 325 Disputes over Illegal Construction Sales Contracts (3)
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Li Yike spoke dryly, swallowed his saliva, and continued: "The last one is the theory of balance of interests. It should be said that the validity of an illegal construction sales contract should be determined by the judge's weighing of the interests of all parties to the sales contract. The said It believes that the balance of interests is essentially the selection of conflicting interests, starting from the needs of social life in a certain socio-economic situation, guided by the dominant values ??in society, and judging, evaluating, measuring and comparing multiple interests , select and legally regulate those interests that serve the common needs and purposes of the ruling class."
After Li Yike finished speaking, Wu You nodded in satisfaction. It seemed that his two assistants were doing their homework seriously.
This case has a lot of room for discussion in theory and judicial practice, and Wu You is very interested.
Starting from the cases of Peng Cheng and Lin Tan, Wu You radiated higher and farther theoretical and practical discussions.
Wu You said: "You two just said very well. Whether it is Ziyao's judicial practice point of view or Yi Ke's theoretical point of view, they are currently the mainstream, or even completely opposite views, but no matter which point of view, it is important to understand. It makes sense to find theoretical support.¡±
This is the charm of law, Lin Ziyao thought to himself, she is glad that she chose such a subject that combines theory and practical exploration.
Wu You asked: "Do you think this contract is valid or invalid?"
The eyes of Li Yike and Lin Ziyao briefly met in the air, and then said in unison: "We all think it works."
"Why, which one of you will explain in detail?" Wu You said.
This case is relatively controversial in both theoretical circles and judicial practice. Wu You was determined to take Lin Ziyao and Li Yike to crush the case like dissecting a sparrow, and make it clear.
A case may coincide with several legal relationships at the same time. It is very important to choose the entry point and the point of view of the argument. It is like walking a maze. It seems that the road leads in all directions, but there is only one way to reach the end.
Peng Cheng's case is such a misty labyrinth. In court, it is absolutely impossible to conduct multi-angle discussions with the judge and the opposing lawyer. He can only find a way to move forward until he convinces the judge.
Therefore, before the trial, each "road" should be explored, figured out, and understood before knowing which path to choose. This requires repeated discussions and sand table deduction, especially for complex cases.
It is not easy for a lawyer to prepare for a case. It not only requires profound theoretical attainments and accumulated practical experience, but also extremely responsible professional ethics and the spirit of being able to settle down and study continuously.
Some lawyers, when they understand the case, just swallow the jujube. They don¡¯t study and polish the details of the case. They only see the surface of the case and ignore the deep-level details, or they think that they can do everything by relying on their own experience. He was caught off guard by his opponent in court, and lost in disgrace.
Liu Min, one of the founders of Zhonghe Law Firm, is one of the top figures in the pyramid of Huaihai lawyers. An example that he is proud of is his experience when he took the law firm recruitment exam when he was just out of school. Liu Min has mentioned this example in countless young lawyers' meetings.
When Liu Min was young, he applied for Huatian Law Firm. At that time, Huatian Law Firm was the king of the law firm in the whole country. In the exam that year, only one person was recruited, but more than one hundred people signed up. Back then, Liu Min was a fledgling, far from scolding Fang Qiu as he is today. Facing the one-in-a-million admission rate, Liu Min had no idea whether he would be admitted to Huatian.
The exam only takes one case analysis question, and this case analysis question is not too difficult on the surface, and the exam time is two hours.
At the forty-fifth minute of the exam, the first person handed in the paper. There was a slight but suppressed exclamation in the examination room.
When the test lasted for 60 minutes, about 30% of the people handed in the paper.
When the exam lasted 75 minutes, more than 50% of the people handed in the paper.
When the test lasted for 90 minutes, 90% of the people had handed in the papers.
When the exam lasted to 100 minutes, Liu Min was the only one left who did not hand in the paper.
Liu Min raised his head and happened to meet the eyes of the middle-aged lawyer invigilating the exam. Liu Min smiled awkwardly, while the middle-aged lawyer invigilating the exam nodded slightly to Liu Min, signaling him to continue the exam.
Liu Min's face was calm, but he was very anxious in his heart. He couldn't help doubting his ability. Why did he feel that this question was very complicated after everyone finished the test?
It was time to hand in the papers, and the middle-aged lawyer invigilating the examination seemed to have no intention of urging Liu Min to hand in the papers. Liu Min felt rejoiced, but became more anxious.
Half an hour later, the middle-aged lawyer walked up to Liu Min and asked Liu Min?: "Isn't it finished yet?"
Liu Min scratched his head in embarrassment, and said shyly, "I'm sorry, I haven't finished yet."
The middle-aged lawyer said with a smile: "It's okay, you can continue to do it, I will take a nap."
Hearing that the middle-aged lawyer said that he was going to take a nap, Liu Min's hair was blackened, but he didn't care so much now, and he was even more grateful to the ugly middle-aged lawyer in front of him for showing him such a noble hand.
Two hours later, the sun was about to set, and Liu Min was still writing. The middle-aged lawyer fell asleep, and came to Liu Min again and asked Liu Min, "How is it?"
Liu Min took the exam for a long time, and now he was exhausted physically and mentally. He raised his misty eyes to look at the middle-aged lawyer, and said nervously and annoyedly: "It's still not finished."
"Is that so." The middle-aged lawyer pondered.
"Then how long do you need it?" asked the middle-aged lawyer.
"It may take a long time." Liu Min replied.
"Oh." The middle-aged lawyer was thoughtful.
In the brief silence of the middle-aged lawyer, Liu Min felt really disheartened.
"Then take it home and do it. When you're done, hand in the test paper to the office." The middle-aged lawyer said.
"Really?" Liu Min's eyes lit up again and again, but thinking about it, he felt that something was wrong. He took the test paper back and handed it in the next day. He carefully examined the person standing in front of him. The invigilator lawyer, whether he can make the decision, and whether I can trust him.
What if he took the test paper back to do it, what if Huatian Institute directly disqualified him from the test, Liu Min thought to himself.
The proctor lawyer saw Liu Min's thoughts, and instead comforted him: "It's okay, take it back and do it. If you are worried, you can hand in the paper now."
"I, I, I'll take it home and make it, thank you!" Liu Min was so nervous that he couldn't speak easily, and he decided to take a gamble.
"Okay, hand it over." The invigilator said, before leaving, he glanced at Liu Min's name on the admission ticket.
Liu Min stayed up all night, and finally delivered the papers to Huatian Institute before nine o'clock in the morning. (Remember the site URL: www.hlnovel.com - Didn't finish reading? Add this book to your favoritesI'm a member and bookmarked this chapterCopy the address of this book and recommend it to your friends for pointsChapter error? Click here to report
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