Chapter 1144: Chapter 370: Judge Song: I Want to Reason Properly!
Jingzhou, Guangming District Court, Zhou Yong… also known as Old Zhou, just finished a hearing and could barely keep his eyes open.
Indeed, he could barely keep his eyes open in the literal sense, and he even felt as if he might go blind.
This court session today would be sothing he’d never forget for the rest of his life.
A “simple” civil loan dispute, where the plaintiff and defendant were old friends.
The plaintiff had lent the defendant three hundred thousand yuan, recorded only as a bank transfer with no IOU.
In such cases, it’s usually determined by the standard of high probability, thus requiring corroborative evidence and the judge’s rich experience.
Old Zhou had the experience, having seen all sorts of cases as a judge for so many years, including many without IOUs, just bank transfers.
But during the hearing, the defendant suddenly claid it was not a loan, but a gift.
Given this defense, Old Zhou, as a judge, had to ask, what evidence do you have to prove it was a gift?
Then, the defendant pulled out a phone in court and handed it over…
For civil cases like this without a specific type, and without lawyers, the judge generally doesn’t strictly enforce evidence deadlines, as long as both parties agree, the proceedings can continue.
When the phone was handed over, seeing the initial video fra, Old Zhou felt sothing was wrong; it was shockingly two n undressed…
But he was a judge, a professionally trained judge, so he braced himself and clicked to watch.
Indeed, it was a forty-five-minute piston-motion video of the plaintiff and defendant.
Within it, the defendant was clearly the passive one…
Old Zhou… Old Zhou’s hands were trembling, and he felt he might go blind; in all his years as a judge, he had never encountered such a situation!
If it were a heterosexual case, it would be fine, occasionally seen in divorce suits, but this was a male-male case, and video evidence at that… it was a bit too much for Old Zhou, a middle-aged man.
But he maintained his professional deanor, calmly watched for a few minutes, then composedly handed the phone to the plaintiff’s lawyer.
The plaintiff had hired a lawyer, as it involved a three hundred thousand yuan loan dispute.
The lawyer was a girl about twenty-seven or twenty-eight, who blushed after a brief glimpse.
The plaintiff saw the video and wanted to snatch it away right then and there.
The defendant continued: “Judge, you saw it, right? Doesn’t it prove our relationship? Doesn’t it prove that money was a gift?”
“At that ti, he said he only loved , but now he wants the money back after giving it!”
Thus, the case suddenly beca complex: first, determining whether the money was indeed a gift, and second, if it was a gift under conditions…
A heterosexual case is easier, clearly gifts with the intention of marriage, but between n… Old Zhou decided to adjourn and reconsider on another date.
He needed to report to the review committee; this case wasn’t sothing he could judge alone.
Back in his office, Old Zhou closed his eyes, feeling the images circling in his mind, and couldn’t help but slap himself twice… yet the images lingered!
Such ntal pollution!
Just then, the phone rang; it was a call from a classmate.
“Hey, Song JianShe wants to contact , right? Sure, tell him to call, I have ti now.”
Though they were in the sa class at Handong Political Law, there wasn’t much interaction between them, and not much contact over the years since graduation.
Thus, Old Zhou was a bit curious about the reason for the call.
The call soon connected, and Judge Song’s voice ca through: “Old classmate, it’s Song JianShe…”
They exchanged a few pleasantries, and Old Zhou said: “Judge Song, go ahead, what is it you need?”
Judge Song on the other end paused before saying: “Judge Zhou, here’s the thing, Lawyer Tang Fangjing from Jingzhou has a case with , I initially intended to diate…”
Judge Song explained the situation, then asked: “You deal a lot with Lawyer Tang in Bright District, can you tell about him?”
So that’s how it is, Old Zhou chuckled and said: “Lawyer Tang’s cases indeed set high demands on us judges; argunts must be clear, logic extrely tight…”
This was all honed by Tang Fangjing; Old Zhou kept improving over ti.
He didn’t hold back this ti, clearly sharing his experiences.
“Lawyer Tang despises unclear reasoning from judges; every point must be explicitly stated. If sothing lacks legal basis, you must clearly explain how and why…”
If the judgnt isn’t well-written, Tang Fangjing won’t let it go.
To put it rudely, even if you’re skimming through, you have to do it well.
They exchanged many insights, and Judge Song faithfully took notes on all the points.
Nowadays there are so many cases that when judges are too busy, assistants or clerks are often tasked with writing judgnts.
Yes, you read that right, clerks can write judgnts too!
And you should know, the clerk position is mostly temporary… so, while judgnts may seem revered to the public, you’ll find, through enough exposure, the disparity between judgnts can be vast.
So law enthusiasts might recall in ’16 when a judgnt beca famous, and why; because the presiding Judge cited the “Bible” in the judgnt!
Yes, the “Bible” you’re thinking of, citing phrases from it to render judgnt, which at the ti sparked a huge controversy in the legal circle.
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