Chapter 572: High, really high
-
Rebirth of the Military Industrial Overlord
- Qian's Feather
- 1655 characters
- 2021-01-30 08:00:32
After a long flight, Tan Zhenhua and Yu Pengxia finally returned to San Francisco, where they had been away for more than two months, and rushed to the Stanford campus without stopping.
When Tan Zhenhua walked into his dormitory, it was already more than 8 o'clock in the evening. He hurriedly hurriedly used the most efficient means of transportation. As for how much money he spent, it is for those who are now billionaires. For Tan and Yu, they didn't care at all.
Well, the only comforting thing is that on such a large Stanford campus, Xiao Tan Tan has only lived here for a few days. Today, he did not go the wrong way all the way back to the dormitory. It is really a gratifying thing.
When roommate Li Zhekai was not there, Tan Zhenhua turned on the light and threw his luggage on the ground at will. He walked to the small desk that belonged to him, and saw the two things on the table at a glance.
He picked it up and scanned it casually. One of them was the address and phone number left by Masuoka Fujio, a native of Japan who had a relationship with him on the plane, and the information he hoped he could take time to meet in Japan. , Of course, there is a notice of response issued to him by the San Francisco District Court.
It seems that Fujio-kun’s experience at Intel did not go too smoothly. This is really a good thing. However, this matter is not anxious for a while. The plan to go to the Japanese country has too many things to deal with as soon as possible. Down, you can only go one row back.
As for the notice of response from the court-he handed it to Yu Pengxia next to him and smiled bitterly: "Peng Xia, look at it, it is this thing that made us fly thousands of kilometers."
Yu Pengxia took it and read it carefully for a long time before saying: "Zhenhua, you can't take this matter lightly. In the current China, this matter is nothing at all, and it is unlikely to even go to court. But in the United States, this matter is more Trouble."
Tan Zhenhua asked curiously: "Why is it troublesome? Is it because of the huge compensation that guy asked for?"
This document held in Yu Pengxia’s hands is exactly the notice of response from the San Francisco District Court, and no one else filed a lawsuit against Tan Zhenhua, who was the man who was beaten in public by him more than two months ago. Matthew Mellon.
For some reason, Matthew Mellon filed a lawsuit only after more than two months have passed. Of course, his claim is that Tan Zhenhua is suspected of slandering him for taking drugs and destroying his reputation, thus physically and mentally. All made him suffer a great blow. For this reason, he sued the San Francisco District Court and demanded that Tan Zhenhua be sentenced to guilty. He must publicly apologize to him. At the same time, he also claimed against Tan Zhenhua for various losses totaling approximately US$20 million.
Yu Pengxia shrugged her shoulders and replied, "Yes, and no. To clarify this problem, we must first understand that under the Western legal system, the definition of the "crime of defamation" he accuses you and the resulting A series of consequences."
Tan Zhenhua put on a respectful appearance and said: "I have asked Mr. Yu to enlighten me."
Yu Pengxia tilted her mouth and said, "You can pull it down...but I can simply literacy for you first."
Then he cleared his throat and began to educate on law: "The laws of the United States, especially the scope of civil law, are basically inherited from Britain, so I think that a series of legal standards applicable in Britain should also apply here."
"Let us first look at the criteria for determining the crime of defamation in this legal system. According to my understanding, the principles should be based on the following six articles:
First, it is necessary to prove that this statement is in fact false;
Second, this statement is slanderous;
Third, this statement should be related to the plaintiff;
Fourth, this statement will spread to third parties;
Fifth, the plaintiff is a public figure or ordinary person, and the applicable standards are different;
Sixth, the plaintiff must be able to show that this statement hurt him. "
Tan Zhenhua thought for a while and asked: "The other items are easy to understand, but what does the fifth item mean?"
Yu Pengxia replied:
That’s the case. In the European and American legal systems, the standards for determining the defamation of public figures are much stricter, because they believe that since you are a public figure, you will inevitably be evaluated from multiple perspectives. It is normal to receive very severe criticism. These criticisms should not be equated with slander, and this requirement is even more demanding for public officials who perform social functions. For example, if you are walking on the road, you say loudly. You think Mr. Reagan, the current US President, is a fool, a liar, and a third-rate actor, so no matter how many people hear it, the court cannot judge you for defamation."
Tan Zhenhua smiled and said: "It sounds quite reasonable, then my plaintiff, Mr. Matthew Mellon, should also be considered a public figure? After all, he is a descendant of the Mellon family. If he applies this standard, wouldn’t it be even No need to fight this lawsuit?"
Yu Pengxia shook her head slightly and said: "The other party must know that you will use this article to make a fuss, so they will definitely cite a lot of facts to prove that Matthew Mellon is just a marginal figure in Mellon's family. Although he holds the Mellon’s trust fund, he does not hold any family or social position, so he cannot be regarded as a public figure but just an ordinary college student."
Tan Zhenhua smacked his lips and said, "This is a bit troublesome."
Yu Pengxia said: "This is of course the focus of the debate between the two parties after entering the trial. Of course, the determination of this point is also one of the core issues of whether your case can be established, but this is not the most annoying thing."
"What is that?" Tan Zhenhua asked curiously.
"How can I put it? Under the European and American legal systems, cases like this are basically civil cases, so even if you lose, you will only lose money. Of course, the amount of money lost is within the scope of final disputes and court judgments. Matthew Mellon, the Lions openly asked you to pay 20 million US dollars, on the one hand to scare you, on the other hand, for a more sinister purpose."
Tan Zhenhua smiled nonchalantly and said: "He really used himself as a dish. Twenty million dollars. Tsk tsk, is his bad life worth the price? I'm going to send a slap in the face. I will find my brother, one hundred thousand. It's estimated that a small amount can make others evaporate, but ah, I am a civilized person, so I don't plan to do this for the time being. If he wants to play, let's play with him."
Yu Pengxia also smiled and said: "Fear, of course we are not afraid of him, but if you really want to play with him within the rules, you must be prepared for a protracted battle. I will tell you a classic case. I get it."
"Huh? It seems that Lawyer Yu is in high spirits today? He wants to tell me a story. Hurry, hurry, brother, I am listening."
Yu Pengxia said: "What story? Is this a real case? Although my main direction is company law, I have learned these basic knowledge and cases."
After all, he sorted out his thoughts a bit, and then said again: "This case was explained by the professor when we learned about the crime of defamation. So I remember it clearly. I will tell you now. It helps you make a judgment about the current situation."
"The case is like this. In 1877, American painter James Albert Whistler who lived in Britain sued the art critic John Ruskin for defamation because Ruskin published a comment in the newspaper that Whistler described The painting of fireworks at night in Corrimon Gardens on the Thames in London is a work produced by an
arrogant and uncultivated artist almost deliberately deceiving
, saying that he
has seen and heard all kinds of absurd London accents, but from Never heard of a clown splashing a pot of paint on people's faces and asking people to pay him 200 gold coins. "
In this defamation lawsuit, according to the British judicial tradition in favor of the plaintiff, the jury finally ruled in favor of Whistler, but the other party only needs to pay him a quarter of a penny symbolically. However, this lawsuit worth only a quarter of a penny has been fought for 5 years. It can be said to be protracted. The attorneys on both sides kept arguing and rebutting every detail, and the court held hearings again and again. Incurred high litigation, court, and attorney fees, making Whistler and Ruskin both declared bankrupt. "
"Among them, the painter Whistler almost always used etchings and portraits to repay debts for more than 20 years before his death, and the defendant Ruskin was similar. Of course, he was forced to pay back his debts every day. Contributed by newspapers and magazines."
After listening to this case, Tan Zhenhua gave Yu Pengxia a thumbs up with his thumb in one hand, and covered his belly with the other unimaginatively. He laughed and said, "So, this is how you lawyers' high income comes from, tusk. , A quarter penny lawsuit can be played out by you, and you can actually bankrupt the plaintiff and the defendant. This is the real way to eat the plaintiff and the defendant, high, it is high!"