My Wife is a Counsel Chapter 10: Legal authority and rules and regulations
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Newsca Hotel is a 12-story ancient building. It was once one of the most luxurious five-star hotels in the East China Sea. Even now, from services to internal facilities, it still retains super first-class standards. The bell tower resembles The building has the style of a traditional hotel, and as a time-honored hotel, it is a first-class hotel that only wealthy people who are truly knowledgeable will stay in the eyes of the old Donghai people, and its prices are also extremely high.
The two top-level suites on the top floor each occupy half of the floor. Now that they have been booked by Lu Mingquan, the business conference room between the two suites that can accommodate dozens of people has naturally become exclusive.
At this moment, in the conference room, across the oval conference table, people from both sides of the negotiation were sitting.
On this side are Lu Ming, his three disciples, and the affairs officer Bi Xiaoting.
On the other side, there are only two people. One is Morgan, a lawyer representing Golden Taiping Insurance Company, from Red Law Firm.
Jin Taiping Insurance Company is one of the largest insurance companies in the East China Sea and even the empire. All legal affairs are handled by Ruide Law Firm.
Another person, Zheng Zhongshi’s personal lawyer, attended this negotiation on behalf of Zheng Zhongshi, named Silva, from Johnson Smith Stewart Law Firm.
In cases related to commercial insurance, Zheng Zhongshi’s interests are naturally not completely consistent with those of the insurance company, so he will not hire a lawyer from Red Law Firm to handle related matters.
In short, the lawyers appointed by the two largest law firms in the East China Sea were all sitting opposite Lu Ming at this time.
Silva was explaining his client's position with a smile on his face, "Mr. Lu Qianxing, all compensation matters involving accidents, injuries, etc. involving horses entrusted to our client for foster care and training under the name of the horse owner will be covered by Jin Taiping Insurance The company handles the matter on my behalf, so this dispute has nothing to do with my client.”
Morgan began by explaining the opinions of Golden Taiping Insurance Company, which would send an independent investigator to investigate the matter, and at the same time study the contract terms between the horse owner involved and the stable. If it is indeed the stable's responsibility and the contract needs to be carried out, To compensate, he would then coordinate with the horse owner involved.
Prior to this, Golden Taiping Insurance Company will not make any commitments.
Listening to the words of the other party, the three disciples of Lu Ming looked at me and I looked at you. This case is actually really difficult to handle.
In particular, the late old Mr. Renault didn't take it seriously at the time. He only signed an ordinary contract and there was no mention of the large amount of additional fees he provided. But if he were alive, the stable would certainly not Dare to mess around.
As for the ordinary contract of the stable, it actually has the meaning of a domineering clause. According to the contract, it is difficult to claim compensation for what happened to little Jenny.
Even if the master cancels the overlord clause, the insurance company will pay for the compensation.
It has nothing to do with Zheng Zhongshi.
But the master's consistent style must be to teach Zheng Zhongshi a lesson, but in this case, there is really no hope at all.
Silva and Morgan stood up one after another at this time. Morgan said solemnly: "Mr. Lu, we will soon appoint an independent investigator to investigate this case. I hope that the horse owner you represent can provide truthful information. Related information. ”
Silva smiled slightly: "Mr. Lu, next time you negotiate, you won't need me to attend, right?"
Lu Ming smiled and said nothing, stood up, and made a gesture to have someone open the door and send them out.
Waiting for the two arrogant lawyers to walk away, looking at the troubled expressions of the three apprentices, Lu Ming smiled and said, "Let's go see a witness."
……
Leading the three apprentices to the small tea room next door, there was a young man with a tattoo on his neck, smoking uneasily. The tea room was filled with smoke, so Tong Xiaoe hurriedly went over and turned on the exhaust fan.
Lu Ming pulled up a small chair and made an unpleasant sound as it rubbed against the ground. The young man was startled and raised his head suddenly.
Lu Ming sat in front of him and said with a smile: "What do you think?"
The young man was silent and finally nodded: "Okay, I, I am willing to testify that it was Zheng Zhongshi who asked us to deceive that officer and drag her up the mountain."
Lu Ming nodded, pointed at the young man, and said to the three disciples: "He is one of the four people who tricked Officer Bi Xiaoting into going up the mountain. His name is Liu Xiaodao, nicknamed Xiaodao."
Ask three more disciples: "What do you think of what constitutes illegal detention?"
"It must comply with the four principles..." Tie Xiaojia and Chen Qinghua rushed to say, and then glared at each other.
Lu Ming smiled: "Let's talk one by one. Come on, Xiao'e will talk first."
Tie Xiaojia and Chen Qinghua even glared at each other, both feeling that because of the other, they had no chance to perform in front of their master.
Tong Xiao'e thought for a while and said slowly: "The first principle is illegality. Behaviors that restrict the freedom of others should be prohibited by law. For example, if a doctor confinement of a patient in order to treat a disease, it does not constitute illegal detention."
Lu Ming nodded, nodded to Tie Xiaojia, and Tie Xiaojia said: "The second one is initiative. To put it simply, it means deliberately restricting everyone's personal freedom. For example, if I don't know someone is in the room, I will lock him. Being inside does not constitute illegal detention.”
Lu Ming looked at Chen Qinghua.
Chen Qinghua continued hurriedly: "The third thing that is violated is the freedom of personal movement. The main manifestations are two points: forcing the victim to stay in a place he does not want to stay, or forcing the victim to go somewhere he does not want to go. place."
Lu Ming nodded: "The fourth principle is to have actions that restrict the victim's freedom, such as violence or the threat of violence."
"Master, in this case..." Tie Xiaojia wanted to say something, but looked at the "witness" again.
Lu Ming smiled and said: "It's okay, you continue."
Tie Xiaojia nodded, "In this case, they used deception to trick Officer Bi Xiaoting into going to Xiaohua Mountain. They did not force Officer Bi Xiaoting to go to Xiaohua Mountain. Moreover, they were of no use on the mountain. Violently threatening Officer Bi Xiaoting, only insulting her, and asking her to write a letter of repentance. The whole process did not say that Officer Bi Xiaoting must stay there. From a legal perspective, the other party's lawyer can believe that Officer Bi Xiaoting is completely free to leave, and their client It won’t stop.”
Lu Ming smiled: "Yes, they didn't say, Bi Xiaoting, if you dare to leave, we will give you a leg."
Tie Xiaojia carefully looked at Master's face, "Master, I..."
"You're right!" Lu Ming thought, "But in fact, it is difficult to leave on foot from the middle of Xiaohua Mountain. Moreover, the terrifying atmosphere created by the other party will also make Officer Bi Xiaoting think that if he If you dare to leave, you will definitely be beaten by them. This kind of psychological coercion is also a kind of violent intimidation. Our fourth principle of illegal detention itself should keep pace with the times and be improved. It also needs a New jurisprudence to clarify this point."
“Think about it, I tricked you into going to the middle of a mountain with nowhere to go to the village or shop, and four tough men insulted you and forced you to do something, but they said they didn’t restrict your personal freedom. Is it reasonable to be able to leave freely? ”
"The judge and jurors should agree with my point of view."
Tie Xiaojia’s eyes lit up, yes, Master is like this. He is never limited to the existing legal principles, but is the perfecter of several legal principles, such as the "Principle of Protection of Young Children", that is Master What was also clearly mentioned was the "neighbor principle" in economic disputes. Master also gave a complete interpretation of it in a case.
This time, it was Master’s on-site teaching to the three of them, asking them to think not just within the existing legal framework and precedents.
Lu Ming thought about it and said: "Also, what criteria must be met for the crime of kidnapping to be established?" He smiled and said, "Xiao'e, you should come first."
Tong Xiao'e said without hesitation: "Illegal abducting others from their place of residence or business, or illegally detaining them from their place of residence in a place other than detention, or illegally detaining others in an isolated place for a considerable period of time time, it constitutes the crime of kidnapping.”
"Also, if the illegal detention is established and the illegal detention is carried out secretly, it constitutes the crime of kidnapping."
Lu Ming nodded: "Officer Bi Xiaoting was deceived into going to the mountain. In fact, the place on the mountain was not the place where Bi Xiaoting wanted to go, because she thought she could see what she wanted to see there. Therefore, this kind of deception is actually not essentially different from violent coercion. From the perspective of kidnapping, it is no different from her being coerced to go to the place. Moreover, it is also done in secret. Before Bi Xiaoting was released, there was no Bi Xiaoting friends know this.”
"The time also lasted for several hours."
"So, I believe that this case constitutes an ordinary crime of kidnapping. Zheng Zhongshi is the instigator and principal offender, and the four executioners are accessories. Of course, one of them is now our Tainted witness."
The three apprentices all stayed together. Ordinary illegal detention is only a misdemeanor. Ordinary kidnapping, or second-degree kidnapping, is a felony. The judge will basically impose a sentence of more than five years.
But Master’s analysis is indeed very convincing and in line with the general public’s perception. Then, there is great hope that it will be recognized by the judge and jury, and the new criteria for the crime of kidnapping will be improved with new precedents.
Lu Ming thought to himself, this is the future development trend of the Donghai legal system. In future generations, in this type of case, as long as the opposing lawyer is not too unfaithful, the crime of kidnapping is very likely to be established.
What is reflected here is the greatest respect for personal freedom.
In fact, in the society of my previous life, some people's actions were considered malicious or even terrifying, but they did not necessarily violate the law. From a certain perspective, this can be considered an imperfection in the law.
The law is to maintain the order of human society, and it is supposed to be people-oriented. Some people do things that are generally considered terrible and terrifying by the public, but they are not illegal. There must be something wrong here.
"Okay, you three, think about how to write a complaint. Let's file a lawsuit in a private name."
The three disciples all nodded, knowing that they understood the master's intention. After all, there was no legal precedent that could classify this type of incident as kidnapping.
The master’s fifteenth wife is also involved, so the master will naturally not file a lawsuit in the name of his official office.
Criminal cases, although they are public prosecution cases, are mostly handled by prosecutors.
But if the prosecutor refuses to prosecute, private individuals can now also file a lawsuit.
As long as the grand jury considers that the case does not violate the rules and should be handed over to the court to decide whether it is established or not, the case will enter the trial process.
"Okay, let's get busy! Let's check the testimony with our tainted witness first." After Lu Ming finished speaking, he smiled slightly and turned to leave.
Several disciples looked at the trembling "witness" with some helplessness. Thinking about it, the master had clearly explained the powerful relationship. If he didn't tell the truth, he would be the one who would go to jail.
Furthermore, Master’s eloquence will probably scare this guy to death.
"Xiao Dao, let's go!" Chen Qinghua said.
"Ah, ah, where are you going?" The young man was startled. The tattoo on his neck was very ferocious. It could be seen that he should usually be very tough, but now, he was like an eggplant beaten by frost.
If Chen Qinghua had encountered this kind of gangster on the street last year, he would have been so frightened that he would have gone far away.
But now, he just felt that they were pitiful. Chen Qinghua said helplessly: "Go to a room where we can talk properly."
"Oh, oh, okay..." The young man stood up quickly and followed them.
……
Sitting on the sofa in front of the floor-to-ceiling window, watching the setting sun turn into a red ball, Lu Ming picked up the tea cup and took a sip of tea slowly. This hotel is old, but the facilities and services are first-class, that is, the cup The fragrant tea with a hint of green in it also leaves a fragrance on the teeth and cheeks, which is quite interesting.
Furthermore, the location of this hotel is very good. It is on a protruding corner of the coast. Although the east side is blocked by various buildings, the west side has a broad view and you can enjoy the beautiful scenery of the sunset entering the sea.
The sound of water in the bathroom gradually stopped.
"Ah" there was a slightly joyful exclamation, but it was Jennifer who was wiping her wet chocolate-colored hair with a snow-white bath towel and came out. Seeing Lu Ming here, she was immediately very happy.
"I spent another day with little Jenny!" Lu Ming smiled: "Is he in better spirits?"
"Yes!" Jennifer nodded happily, walked over and sat on the sofa on the other side of the round table. She was wearing snow-white lace pajamas and pajamas. Even though she had just finished taking a bath, she would have to change clothes and go out for dinner soon, but she had little feet. Ah, she still wore lace socks properly. This aristocratic little beauty exuded an extremely pure aura from top to bottom, so pure and clean that it made people tremble slightly.
"Master, are you in a good mood too?" Jennifer asked cautiously. She rarely had the opportunity to chat with her husband, and she was afraid that she would say the wrong thing.
Lu Ming smiled and said: "Can a little girl like you see it? It seems that I haven't done enough to cultivate my energy."
This case can further enhance his status in the legal profession.
Speaking of which, although I have never been to the East China Sea and technically won almost all of my lawsuits, I am still too young and have no time to settle, so I will always be considered a bit evil by others instead of being extremely respectable. If you have legal authority, other lawyers will be afraid of you, but they may not respect you from the bottom of their hearts.
Just like Morgan and Silva, both are fourth-degree senior lawyers. When they encounter an opportunity to ridicule themselves, they will not let it go.
If I were a legal authority in their eyes, during the first consultation, they would not see the kind of schadenfreude or ridicule that you miscalculated this time.
However, if I win more and more incredible cases and use this to improve the relevant principles of imperial law, then sooner or later their fear and fear will turn into respect and admiration. At that time, I will feel It will also be different.
Becoming an authority in the legal field was my dream in my previous life. Now, it is also one of my small goals.
Thinking about it, Lu Ming couldn't help but laugh at himself.
"Master, are you staying here tonight? Are you and I sleeping in this room?"
Lu Ming was stunned and looked over, only to see Jennifer's face full of curiosity. However, shouldn't this be a question and a normal reaction for her character?
Oh, Lu Ming shook his head. She probably hasn't received pre-marital education yet. Old Renault died suddenly, and her brother and sister-in-law couldn't protect themselves. No one cared about it at all.
After coughing, Lu Ming felt funny in his heart, but his face remained calm: "You are all sleeping here? How can you sleep?"
Jennifer seemed to be thinking very hard, "Well, then I can't hold the doll to sleep. I want the master to hold Jennifer to sleep, right?" After speaking, she spoke very quietly, with a look of shyness on her face. meaning.
Lu Ming was helpless, but he looked at this pure and lovely Xiaobai Fumei, whose figure had obviously grown slightly. Although she was young, she was a very beautiful girl. However, she was very young mentally, but she gave people a more pure feeling. The feeling of a clean little angel.
However, it also makes people feel something strange in their hearts.
Lu Ming looked at the scenery outside the floor-to-ceiling window and said with a smile: "The sunset is quite beautiful..." There was only a trace of afterglow left in the red disk, and a faint halo of light floated on the sea, like a beautiful scene. Picture scroll
"Well! It would be nice if I stayed in bed all day long and Master held me in his arms..." Jennifer seemed to realize something was wrong only after she finished speaking. She accidentally let it slip and glanced at Lu secretly. Ming glanced at me and said, "I used to get up at five o'clock and go to bed at eight o'clock every day. Although the master doesn't care about me now, I seldom sleep in..."
Lu Ming was funny, but when he looked at this pure little angel wearing snow-white lace pajamas and lace socks on his little feet, his heart was beating hard, and he came up with a ridiculous idea, what if, what if Really, really holding her to sleep?
The soft big bed is right in front of the floor-to-ceiling windows on the other side. Sleeping here is a great enjoyment, especially when you look up at the line of blue sea and sky, and underneath you in the soft big bed is this The most obedient and pure little angel, my fifteenth wife?
Moreover, she listens to herself very much. If she wants her to keep it secret, no one will know.
Bizhu and Pan Mila, of course, would not know.
Then Bizhu would not know that she had violated the rules and regulations she said.
Pan Mila will not be jealous either.
Afterwards, Lu Ming patted his head hard, hey, he was really turning into a walking horse bug, what were he thinking about?
There is only half a year left, Bi Zhu’s words should be kept in mind, and don’t lose the big for the small.
Stood up and coughed: "Get ready, I will take you out for dinner later! Tonight, we will sleep in separate rooms, you should hold the doll..." As he said this, he thought it was funny and did not wait for her answer. , and left quickly.