Lawyer's character

This time I heard that Liu Cai from Lincun was bitten to death by a dog. Just the day before Zhao Sanhua asked someone to make peace, he went to the Liu family with a big head. He first expressed regret and comfort, then scolded Zhao Sanhua for being unkind, and finally He tricked Li's family into going to court and suing him for 500,000 yuan.

The Liu family originally wanted to make a fortune from this matter. For them, Liu Cai's death made them a little sad, but then again, Liu Cai never did any good things when he was alive. He not only stole He also stole money from outsiders and from home. His family members hated him so much that their teeth itched, and they cursed him countless times behind his back.

Now that the person is really dead, the family is thinking more about how much money they can get from the Zhao family. This may be the only good thing Liu Cai has done for them.

Originally, the Liu family wanted to go to the city to find a lawyer to file a lawsuit, but they were fooled and convinced that the Liu family would survive. In the end, the two parties reached an agreement that they would pay 3,000 yuan first and 10% of the judgment amount to pay the lawyer's fees later. In this way, I opened my head and received the first case after New Year's Day.

…

"The court is now open. The plaintiff will state the claims, facts and reasons." The female judge sitting on top of the court banged her gavel, combed her neck-length hair, and looked at her big head.

"Litigation claims: 1. Request the court to order the defendant to pay the plaintiff 500,000 yuan in death compensation; 2. The litigation costs of this case shall be borne by the defendant.

Facts and reasons: On January 3, 2014, the plaintiff’s brother Liu Cai accidentally entered the defendant’s home and was bitten to death by a large fierce dog raised by the defendant’s family. According to Article 78 of the Tort Liability Law, if the raised animals cause damage to others, the animal breeder or manager shall bear tort liability...

The plaintiff believes that Liu Cai’s death was caused by the large bulldog raised by the defendant, and the defendant should bear the liability for compensation, and asks the court to support the plaintiff’s claim in accordance with the law.

complete. "He opened his head and said.

"The defendant will plead." The female judge said expressionlessly.

“The defendant disagrees with the plaintiff’s claim for the following reasons:

First of all, on January 3, 2014, there was no one at the defendant's home. For the purpose of guarding the home, the defendant scattered the wolf and green dogs he raised in the yard. The courtyard wall of the defendant's house is tall and the door is locked. It is impossible for the wolf and green dog to leave the house and hurt people. The defendant has fulfilled his due duty of care and is not at fault.

Secondly, judging from the situation at the scene, Liu Cai intentionally used meat and bones to tease and poison the wolf dog raised in the defendant's home, and he himself was guilty of major fault. The deceased, Liu Cai, had known for a long time that the defendant kept a large, fierce dog in his home. When the defendant was not at home, he broke into the house and was bitten to death by the dog. He brought it upon himself and the defendant was not responsible.

Finally, the deceased Liu Cai had been dealt with for theft many times before. This time, he climbed the wall of the defendant's house and entered the yard when no one was home. The defendant had reason to suspect that his real purpose was to steal property.

To sum up, the defendant was not at fault for the death of the plaintiff’s brother Liu Cai. Liu Cai was bitten to death by a dog because he climbed over the wall to steal property. He should bear all the responsibility. We ask the court to reject all the plaintiff’s claims in accordance with the law.

The defense is completed. Fang Yi thought to himself: Anyway, the plaintiff is not present, and the other party cannot hear what he says, so there is no need to be tactful.

"Now the original defendant will present evidence and cross-examine it, and the plaintiff will present evidence." said the female judge.

"The plaintiff only has one piece of evidence, Liu Cai's death appraisal report, which proves that Liu Cai was bitten to death by a large fierce dog raised by the defendant." Zhang Datou thinks that in this kind of case, the plaintiff only needs to prove that Liu Cai was bitten to death by the defendant's dog. That's it, no other evidence is needed.

"The defendant cross-examined," the female judge said.

"The defendant recognized the authenticity, relevance and legality of this evidence. The defendant admitted that Liu Cai was bitten to death by his dog.

However, the defendant reminded the judge that the appraisal report provided by the plaintiff stated that Liu Cai was bitten to death in the yard of the defendant's home, not outside the hospital. The incident occurred in the early morning, when no one was at home.

While there was no one at the defendant's home, he climbed over the wall and entered the defendant's home early in the morning. The purpose was self-evident, which was to steal property. Cross-examination completed! "Fang Yi said.

"The defendant gave evidence." the female judge said.

“The first piece of evidence is a certificate issued by the village committee of the defendant’s daughter-in-law’s natal home, which proves that the defendant’s daughter-in-law has been living in her natal home during the New Year’s Day holiday and also participated in New Year’s Day celebrations in the village.

The second piece of evidence, the surveillance video record in front of the defendant's restaurant, proved that the defendant had been living in the county's restaurant during the New Year's Day holiday and was not at home.

The third piece of evidence is a witness statement issued by Li Baoku, the defendant’s neighbor. During the New Year’s Day holiday, the defendant’s family was not at home, and his father came to the defendant’s house every morning and evening to feed the dog. Witnesses were outside the courtroom.

The proof is complete. "Fang Yi said.

In order to ask his neighbors to testify in court, Zhao Sanhua spent a lot of effort and paid a lot of lost work fees. In fact, the neighbor has been farming at home and has not left the village to work. How can there be any compensation for lost work? But if you let him testify in court, you must give him something. Otherwise, why should he care about your family's offending business?

"Clerk, call the witnesses in." the female judge said.

After a while, the clerk opened the large wooden door of the court, and an old man in his sixties walked in. The old man was very plainly dressed, with furrows on his face and a dark complexion. The skin on his hands was like old tree bark. The master who works in the fields.

Perhaps it was his first time entering the court, so the old man seemed a little nervous. He stood at the door not knowing where to put his hands.

"Witness Li Baoku, please submit your ID card..." After the female judge registered the witness's name, she informed him of the witness's precautions and obligations.

"...Witness Li Baoku, what do you want to prove in court?" the female judge asked.

"It proves that Zhao Sanhua and his family were not at home during the New Year's Day holiday." Li Baoku said. His hands were shaking slightly.

"You mean that Zhao Sanhua's family was not at home from January 1 to 3, 2014, is that true?" the female judge asked.

"Yes, that's what it means." Li Baoku said.

"Now it is up to the plaintiff to question the witnesses," the female judge said.

"Li Baoku, where do you live in the village?" Zhang Datou asked.

"Live... live in the east end of the village, and are neighbors with Zhao Sanhua's family." Li Baoku looked nervous, his heart was beating hard, and every beat made his whole body tremble.

"Are you always at home during New Year's Day?" he asked with his head wide open.

"At home, it's cold, and people in the village have no place to go, so they just stay at home, play cards, bask in the sun, and watch TV." After being asked a few questions, Li Baoku seemed to have adapted to the atmosphere of the court. Starting to get so nervous.

"Your home is next door to the defendant Zhao Sanhua's home?" Zhang Datou said.

"That's right. Our two families are on the edge of the village. There is a small alley in the middle, which is only as wide as a trolley." Li Baoku gestured with his hands.