377 Case review and women's version of the study

“…… In addition, written regulations such as rules, decrees, and ordinances are also binding on judges, and although there are no explicit provisions, there is a consensus that there is a consensus.

The above-mentioned forms of legal norms have a direct binding force on judges' rulings and are the source of law in the system.

Although precedents are difficult to become institutional sources of law, they are de facto sources of law and have the binding force of de facto precedents. ”

After saying this, Tomoko Dai looked at Keiko expectantly.

"Not bad, at least a solid foundation." Keiko nodded, "Although Japan is a statutory law, case law is also an important part, and it can often play an important supplementary role in places that cannot be taken into account by statutory law. ”

Dai Zhenzhizi suddenly said, "So, this time, that is, the place that the statutory law has not taken into account, is likely to become a precedent?" ”

"That's right." Keiko nodded, smiled, walked over to the table, and made the same movement as Kensuke, resting her legs on the table.

Seeing this scene, Dai Zhenzhizi was stunned again.

"If Daze Construction Apartment is a eucalyptus, then the situation is very unfavorable to Kensuke, because lawyer Concubine represents the 'public opinion', and he is a weak person on the surface, and in the court, the judge must be inclined."

Dai Zhenzhizi's eyes immediately lit up, "I know this, so lawyer Gu Meimen planned to pull more big consortia into the water before, so that he could rely on these forces to put pressure on the judge." ”

Keiko smiled at her obviously tendentious remark and didn't refute it.

"That's pretty much what it means, in short, if the Osawa Construction Apartment is taken out alone, and if a group of consortia are involved, the situation is completely different, and the pressure on the judge is completely different.

This is a series of similar cases, once a judge makes a judgment, it is likely to become the first precedent, and then affect the subsequent judgment of a large number of cases, this pressure is not something that everyone can bear.

And I'm afraid that Kensuke originally planned to disapprove this first precedent, but what he should have thought about was to make Tsukiwa the first precedent.

The Joban Foundation's twin towers of skyscrapers involved hundreds of billions of dollars, with the participation of Seishitama city councilors and various institutions, and the political achievements of countless important people and local finances, it is absolutely impossible to say that the decision to demolish them was taken lightly.

It's a landmark skyscraper, and the judge won't impose a penalty like that, and even if it does, it's hard to enforce, so the end result must be monetary compensation, at most a little larger, like the Suzuki Foundation, so big enough for the residents to buy another high-end home. ”

Unlike Shizuo Komimon's simple guess, Keiko's explanation is much more detailed, and Tomoko Daisa feels empowered.

"I see, in this case, Tsukiban's case has become a precedent, and it is almost impossible for Daze Construction to make an inconsistent judgment."

"That's right." Keiko smiled slightly, "It's just that Shizu-chan's reminder that the concubine's lawyer's evil sect made Kensuke have to temporarily change his coping strategy." ”

What is this? Aren't lawyers scientific? Dai Zhenzhizi felt a little broken, so she had to skip this topic, "By the way, what about the transaction between lawyer Gu Meimen and lawyer Fei?" ”

Keiko tilted her head and thought about it, and couldn't help laughing, "What Shizu-chan said shouldn't be wrong, so Kensuke should be scared, so he had to choose to compromise."

I guess that as long as you are an enemy of the concubine lawyer, you will suffer that bizarre danger, and the only choice that Kensuke can choose is cooperation.

On the side of lawyer Fei, I personally guess that her idea should be to turn Daze Construction into a precedent first.

Then, on this basis, find a few more cases of the same type of eucalyptus to sue, and eighty percent of the selected eucalyptus cases will not involve large consortia, so as not to encounter too much resistance.

And then...... Do you know the famous quote of Junius? ”

Dai Zhen Zhizi was stunned, and hurriedly grabbed her hair and thought about it nervously, and then she only felt that her brain was empty and she didn't find anything.

Keiko shook her head and smiled, and suddenly became poisonous, "I just praised you for your solid foundation, and now the rookie lawyers in Japan have been reduced to this level?" It's really funny. ”

"Huh?" Dai Zhen Zhizi was stunned, didn't she talk happily just now? Why did it suddenly become like this?

"Your stupid reaction, when you go to court, you will only be ridiculed by the other party, and then become a stroke in the opponent's record in the useless struggle, understand? It's still the kind of record that can't be taken out to show off. ”

The corners of Dai Zhenzhizi's mouth twitched, and now she finally understands why this person is the ex-wife of lawyer Gu Meimen, and the two of them are basically people of the same character.

"One precedent creates another, and they quickly accumulate and become law." Keiko took the initiative to tell her, "Remember? ”

"Hey! I remembered! Dai Zhen Zhizi hurriedly responded.

Therefore, the case of Daze Construction alone is not enough to promote legislation, and lawyer Fei still needs to do a lot of work in the follow-up if he wants to achieve his goal.

What's more, with the hindrance of the research and introduction, Lawyer Concubine should not be sure of victory, so it is possible for the two parties to cooperate.

After all, Kensuke only cares about victory, while lawyer Fei is more concerned about whether he can protect the rights and interests of more people, and both parties can be regarded as taking what they need. ”

"It's obviously a robbery while it's hot......" Dai Zhen Chiko pursed her lips and muttered quietly.

"In addition to the accumulation of precedents to promote legislation, the more rapid but more demanding is the resident movement, and Lawyer Fei is obviously not good at this kind of fan work.

With her own personality and ability, it is wise to choose the accumulation of precedents, but with the cooperation of research and introduction, it is different, and you can see the effect. ”

Keiko said and took out her phone and looked at it, showing a surprised expression, "The progress is faster than I thought, and the number of protesters is close to 20,000 at the moment. ”

"By the way, there's coercion and temptation, right? Lawyer Gu Meimen also did such a thing, right? Dai Zhen Zhizi remembered.

"Follow him, you're not used to this kind of thing? What's all the fuss about? Keiko chuckled and got up, "I'm leaving, you can think about it yourself, this case is enough for you to study for a while." ”

"Huh? Don't you wait for lawyer Gu Meimen? ”

"He's long gone, what are you waiting for?" Keiko walked away without looking back on her high heels.

Dai Zhenzhizi suspiciously ran to the bathroom to check, and while there was no one, she quietly glanced at the men's bathroom, and it was really empty.

She left here with black lines on her head, and she was about to help Lawyer Fei in a huff.

Really, run away and don't say a word, is it that scary?

Half an hour later, Tomoko Daisa rushed to the Metropolitan Assembly Hall, but the crowd was so strong that she couldn't squeeze in at all, so she could only find a step on the side of the road and tiptoe inside.

In fact, Lawyer Concubine had already entered the council hall and was scolding those councillors who did not listen carefully to her explanations with the sunshine regulations that had been drafted by staying up alone to do so.