Chapter 59: The Plaintiff's Momentum

Cao Yun turned around and said, "I originally just guessed that Qingqing was a student of medical school, how could she not notice this?" I asked Qingqing, and she told me that Taro had known that she was not her daughter a few years ago, and Taro had also made a DNA test report privately. This report has been kept by Taro's legal counsel, do you need me to ask legal counsel to testify that you have read the test report?"

Some people want to ask, Cao Yun didn't know these things before he took the order, why was he able to break through from this point?

As a plaintiff's lawyer, if these hidden secrets were not found to exist after the fact, Cao Yun would not start from the family tree, but from the actual existence of the adoptive father-daughter relationship. The other party can't prove whether Taro knows Qingqing's non-biological daughter, as long as Qingqing goes to court, there may be bite, maybe there is no Taro knows the conclusion that Qingqing is not biological, and it will be difficult for the other party to bring down this theory.

If this is the case, whether or not to recognize the establishment of the custody relationship depends on the judge's final decision, and Cao Yun is not sure about the outcome. On the other hand, Cao Yun is not sure now, but the purpose of Cao Yun's leftover plan is that there is no need for the judge to decide.

The advantage of the plaintiff is here, the plaintiff opens a topic, which is a topic that the plaintiff has carefully prepared, and the defendant passively accepts this topic. If the plaintiff is stupid enough to discuss a topic that is beneficial to the defendant, then the lawyer must be an unqualified lawyer.

Sanqing's attitude is very much in line 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, which require the judge to make a final judgment subjectively, 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 without a marriage certificate, one is not a husband and wife, but it is recognized that there is an actual marriage and the relationship between the husband and wife of a bigamist is not a bigamist. This is because many people in rural areas who are in their fifties do not have a marriage license. Lawyers are going to tear open similar loopholes and get in.

Whether a genealogy can be used as evidence is a matter of debate, but because of the seriousness of the genealogy, it is likely that the judge will admit that the genealogy can be used as evidence. The opposing lawyer obviously understood this, so he did not dwell on the issue of genealogy. He didn't ask why Cao Yun had photos and copies of his family tree. This is the case in the civil lawsuit, Cao Yun adduced evidence, and the opposing lawyer questioned that since he questioned it, he had to find evidence by himself, and Cao Yun did not need to prove that his evidence was obtained from legal channels.

In criminal lawsuits, Cao Yun must prove that his evidence was lawfully obtained in order to be accepted by the court.

Sanqing didn't answer for a long time, and still didn't answer Cao Yun's question after the judge urged him twice, Lawyer Zhang looked at his words and looked at it, and stood up and said: "Even if Taro already knows that Qingqing is not his biological daughter, it doesn't mean that he admits that there is a custody relationship between the two parties." We don't know, but the current fact is that Qingqing is not Taro's biological daughter, and at the same time, legally speaking, even if Taro has the fact of raising Qingqing, does Qingqing have the fact of supporting Taro? If the adopted children do not support the elderly, there is no inheritance of the old man. ”

Cao Yundao: "Of course, there is a fact of support, Mr. Taro suffered from severe knee joint disease ten years ago, Qingqing, as a nursing student at the School of Medicine, she has been learning the knowledge of nursing arthritis, and on weekends, summer vacation, and winter vacation, she is by Mr. Taro's side and takes care of him. ”

Lawyer Zhang said: "Your Excellency, we have not collected this information, and we hope that the trial can be temporarily adjourned. ”

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

The judge said: "Witnesses can speak, but if they give false testimony again, this seat will be severely punished." ”

"Thank you, Judge. Sanqing's arrogance was extinguished for the most part, and he finally became a little polite, and said: "As this lawyer said, Qingqing often accompanies my dad during holidays, summer vacations, and winter vacations, I don't deny it." But this is a work-study program, and my dad is giving me a salary, and my dad told me that he is receiving Qingqing's care as a stranger, as a way to increase Qingqing's experience in this industry after graduation. The people around my father's company know about this, and my father also told everyone not to treat her as his daughter during the work-study period. In fact, Qingqing's nursing had no effect, and every time my dad had knee pain, he would call the technician at the hospital without telling her, so Qingqing didn't take care of my dad at all. ”

Cao Yun listened with a smile, and Lawyer Zhang was Lushan Waterfall Khan, and said again: "Your Excellency, I apply for a temporary adjournment. "Next door to Marxism-Leninism, you think you are proving that Qingqing is a bad person, but you don't know that it indirectly proves that there is a deep family relationship between their father and daughter. The lawyer is silent, but you are trying to deliver bullets to others.

The judge said: "Agree to the defendant's lawyer's application and withdraw from the courtroom." "Everyone stands. In addition to standing when the judge is about to go to court, everyone is also to stand when the judge is about to go to court. This represents respect for the arbitrator judge. If the arbitrator does not have authority, then the matter of arbitration is unconvincing, which is also a characteristic of the common law system.

......

When Cao Yun came out of the courtroom, Lawyer Zhang was already waiting beside him, stepped forward to shake hands with Cao Yun, introduced each other, and chatted a few words. Lawyer Zhang said: "Lawyer Cao, you are very well prepared this time, and you caught us off guard. It's also that we're too underestimated, but you should know you don't have a chance of winning. ”

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

"Not big. In disguise, he admitted that Cao Yun was telling the truth. Lawyer Zhang said: "Several of us are experienced lawyers, and we are still sure that this lawsuit will continue. But to tell you the truth, we don't have the heart to deal with this lawsuit right now. Lawyer Cao, do you have any suggestions?"

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

Cao Yun thought for a while and said: "Logically speaking, this kind of lawsuit is usually a risk agency, but in fact it is ......" Cao Yun wanted to speak and stopped.

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

"I love coffee. ”