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Chapter 59: The Plaintiff's Situation

Cao Yun turned around and said, "I was just guessing that Qingqing was a student in the medical school, how could it have not noticed this? I asked Qingqing and she told me that Taro knew that she was not her daughter a few years ago, and Taro also made a DNA test report privately. This report has been kept in Taro's legal counsel. Do I need to ask the legal counsel to testify to prove that Sanqing have read the test report?"

Someone would like to ask, Cao Yun didn’t know these things before accepting the order, so why could he break through this point?

As a plaintiff's lawyer, if these hidden facts were not found out later, Cao Yun would not start with the genealogy, but with the actual existence of a foster father-daughter relationship. The other party could not prove whether Taro knew that Qingqing was not his biological daughter. He just needed Qingqing to go to court and bite her to death. Maybe there was, or maybe there was no Taro knew that Qingqing was not his biological daughter, so it would be difficult for the other party to overturn this theory.

If this is the case, whether to admit that the support relationship is established depends on the judge's final decision, and Cao Yun is not sure about the result. Conversely, Cao Yun is not sure now, but the purpose of Cao Yun's scrap material plan is that the judge does not need to decide.

The plaintiff’s advantage is here. The plaintiff raises a topic, which is a topic that the plaintiff has carefully prepared, and the defendant passively accepts this topic. The plaintiff can raise this topic means that the plaintiff believes that this topic is beneficial to his side. If the plaintiff fools to discuss the topic that the defendant is beneficial to him, then the lawyer will definitely be an unqualified lawyer.

Sanqing's attitude is very consistent with Cao Yun's position. If Sanqing is polite and knows how to advance and retreat, it will make the judge have a certain sense of favor and trust in her. In such cases where the judge requires the judge to make a subjective final judgment, the judge's attitude is very important. At the same time, it is also because there are legal problems in some areas. For example, the Marriage Law stipulates that if there is no marriage certificate, it is not a husband and wife, but it also admits that there are actual marriage facts and the husband and wife relationships of non-biased people. This is because many people in their fifties in rural areas do not have a marriage certificate. Lawyers have to tear open similar loopholes and get in.

Whether the genealogy can become evidence needs debate, but because of the seriousness of the genealogy, the judge is likely to admit that the genealogy can be used as evidence. The other lawyer obviously understands this, so he did not get entangled in the genealogy issue. He did not ask why Cao Yun had photos and copies of the genealogy. This is the case in civil lawsuits. Cao Yun presented evidence, and the other lawyer questioned it. Since he had questioned, he had to find evidence by himself. Cao Yun did not need to prove that his evidence was obtained from legal channels.

On the contrary, Cao Yun must prove that his evidence was obtained legally before it can be accepted by the court.

Sanqing did not answer for a long time, and after the judge urged him twice, he still did not answer Cao Yun's question. Lawyer Zhang observed his expression and knew it, and stood up and said, "Even if Taro knew that Qingqing was not his biological daughter for a long time, it did not mean that he admitted that there was a raising relationship between the two parties. Taro had made a will during his lifetime, which designated Qingqing as one of the heirs, but Taro canceled this will. Could it be related to Qingqing? We don't know, but the current fact is that Qingqing is not Taro's biological daughter. At the same time, legally speaking, even if Taro has the fact that Qingqing has the fact that Qingqing has the fact that Qingqing has the fact that it supports Taro? If the adopted child does not support the elderly, there is no right to inherit the elderly's inheritance."

Cao Yun said: "Of course there is a fact of support. Mr. Taro suffered from severe knee arthritis ten years ago. As a nursing student in the medical school, Qingqing has been learning about arthritis care. She has been with Mr. Taro on weekends, summer vacations, and winter vacations, and takes care of him meticulously."

Lawyer Zhang said: "Judge, we have not collected information on this matter, and hope to temporarily revise the court."

Sanqing said: "No need to go to the court, I know..." He immediately remembered the order and shut up.

The judge said: "Witnesses can speak, but if they commit perjury, this seat will be severely punished."

"Thank you, judge." Sanqing's arrogance was wiped out most of his arrogance, and finally he was a little polite, saying: "As the lawyer said, Qingqing often stays with my father during holidays, summer vacations, and winter vacations, and I don't deny it. But this is work-study, my father gave him a salary. My father told me that he received Qingqing's care as a stranger to increase Qingqing's experience in this industry after graduation. Everyone around my father's company knows this, and my father also specifically told everyone not to treat her as his daughter during work-study. In fact, Qingqing's care has no effect. Every time my father hurts his knees, he will call the hospital technician without hiding her, so Qingqing doesn't take care of my father at all."

Cao Yun smiled and listened, Lawyer Zhang was the Lushan Waterfall Khan and said again: "Judge, I apply for a temporary recession." Next to Marxism and Legislature, you thought you were proving Qingqing was a bad person, but you didn't know to indirectly prove that there was a deep affection between their father and daughter. The lawyer didn't say a word, but you kept sending bullets to them.

The judge said: "Agree with the defendant's lawyer's application and leave the court." Everyone stood up. In addition to standing up when the judge is about to go to court, everyone also stood up. This represents respect for the arbitrator judge. If the arbitrator does not have majesty, then the arbitration matter is difficult to convince, which is also a characteristic of the Anglo-American legal system.

...

When Cao Yun left the court, Lawyer Zhang was already waiting by the side. He stepped forward and shook hands with Cao Yun, introduced each other, and chatted for a few words. Lawyer Zhang said: "Lawyer Cao, you are well prepared this time and caught us off guard. It's because we underestimated the enemy too much, but you should also know that you have no chance of winning."

Cao Yun said: "Lawyer Zhang, I admit that my chances of winning are not high, but you should also admit that I have the possibility of winning."

"Not big." In disguise, admit that Cao Yun was telling the truth. Lawyer Zhang said: "We are all experienced lawyers. We are still sure if this lawsuit is to be fought. But to tell you the truth, we are not in the mood to deal with this lawsuit. Lawyer Cao, do you think, do you have any suggestions?"

In civil litigation, if the case is very agitated and entangled, the lawyers of both parties will first communicate with each other and find out the other party's attitude, and then consider handling the matter in this way.

Cao Yun thought for a while and said, "In theory, this kind of lawsuit is usually a risk agent, but in fact..." Cao Yun stopped talking.

Lawyer Zhang read out the meaning of Cao Yun looking for a step, looked at his watch and said, "It's still early, let's have a cup of coffee together?"
Chapter completed!
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