The case of the moot court for college students Thank you friends !!

The college student moot court script is divided into two groups, the victim and the prosecution.

You can refer to clips from some legal films, such as "To Kill a Mockingbird", "Tokyo Trial", and "Twelve Angry Men".

First of all, it is assumed that this is a civil dispute.

The clerk reads out the court discipline, and then checks the parties and persons present in the court. Confess rights and obligations, and confess the right of recusal.

Commencement of a forensic investigation. First, the plaintiff reads the complaint, and then the defendant pleads. Then summarize the focus of the dispute between the two parties.

Then the plaintiff presents evidence, and the defendant cross-examines the evidence; The defendant adduces evidence, and the plaintiff cross-examines the evidence.

The parties are then questioned about the case (such as the circumstances of the fight and what the judge thinks is not clear), and if the plaintiff is also responsible for the cause of the fight, then the defendant's liability can be reduced. (Perhaps the defendant will claim that he was also injured by the defendant, then the judge should ask the defendant if he asks if he wants a counterclaim, and if the defendant asks the counterclaim to be considered by the judge and finds that the counterclaim is valid, then the plaintiff will be given another 15 days to reply).

As for the scope of compensation, items and standards, it depends on how your classmates who play the original defendant will mention, and then. Keep the law handy, and you can turn it over.

Since you are a judge, you should know who the plaintiff is and who is the defendant according to the indictment, but according to what you say, you, the judge, do not know who is the plaintiff and who is the defendant.

Normal first-instance trial procedure: First, the judge should introduce the specific situation of the adjudicators, and then determine the parties to appear in court.

** After that, the plaintiff first reads the complaint, and then proceeds according to the legal procedures. You should have studied law, and the procedure of the first instance of the Civil Procedure Law will be clear.

Forehead ......Whether you're going to do a moot court or turn in your homework ......The number of words in this thing is very impressive, so you might as well find a template and set it up yourself......

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Shanghai Customs University is a full-time college approved by the Ministry of Education and directly affiliated to the General Administration of Customs of the People's Republic of China.

Ms. Su, a citizen of Tianjin, learned that the club had no relevant qualifications after undergoing facial filigree cosmetic surgery at a club, so she took the beauty salon to court. A few days ago, the final trial of the case was completed in the Tianjin Second Intermediate People's Court, and the court ruled that the club owner should return Ms. Su's beauty fee of 30,000 yuan and "unjust enrichment" of 50,000 yuan.

Consumer rights protection: After spending 80,000 yuan on beauty, she found that the beauty salon was not qualified, and the woman went to court angrily.

Ms. Su, a citizen of Tianjin, learned that the club had no relevant qualifications after undergoing facial filigree cosmetic surgery at a club, so she took the beauty salon to court. A few days ago, the final trial of the case was completed in the Tianjin Second Intermediate People's Court, and the court ruled that the club owner should return Ms. Su's beauty fee of 30,000 yuan and "unjust enrichment" of 50,000 yuan.

In 2005, Ms. Su, a consumer, underwent facial filigree cosmetic surgery at the Beauty Heart Plastic Surgery Club in this city, paid 30,000 yuan in cash to Fang Lanxiang, the owner of the defendant "Beautiful Heart", and remitted 50,000 yuan to the bank account of Fang Lanxiang's husband, Li. After the operation, Ms. Su learned that the "Beautiful Heart" club did not have the relevant qualifications to perform the operation, and filed a lawsuit in April 2007 for a dispute over a medical service contract, demanding that the defendant return 160,000 yuan for the beauty fee and 50,000 yuan for mental damages.

The Jinnan District People's Court of the original trial court found that the plaintiff paid the defendant 80,000 yuan for beauty expenses when he underwent surgery, so on January 24, 2008, the defendant Fang Lanxiang was ordered to pay the plaintiff 160,000 yuan and 10,000 yuan for mental damages.

After the first-instance judgment, the defendant Lanxiang was not satisfied and filed a protest with the Tianjin Second Intermediate People's Court on July 29, 2008. The Jinnan District People's Court of the original trial court made a retrial judgment and found that the gold silk beauty contract formed between the plaintiff and the defendant was invalid, the plaintiff paid 30,000 yuan to the defendant Fang Lanxiang for the golden silk cosmetic surgery, and the 50,000 yuan remitted by the plaintiff to the defendant had nothing to do with the cosmetic surgery, and revoked the first-instance judgment and only ordered the defendant Fang Lanxiang to return the plaintiff's beauty fee of 30,000 yuan.

The plaintiff was dissatisfied with the retrial judgment, and sued again on the basis of the defendant's unjust enrichment, demanding that the second defendant immediately return 50,000 yuan to the plaintiff. During the trial, the plaintiff provided the court with three bank remittance procedures, proving that the plaintiff remitted 50,000 yuan to the defendant's husband Li on May 8, 2005. The defendant argued that the 50,000 yuan was a loan repaid by the plaintiff, but did not provide evidence to the court to substantiate this fact.

The Tianjin No. 2 Intermediate People's Court held that there was no lawful basis for obtaining improper benefits and causing losses to others was unjust enrichment. On May 8, 2005, the plaintiff remitted 50,000 yuan to the defendant, which was close to the time when the plaintiff paid the other 30,000 yuan for beauty payments, and the plaintiff had every reason to mistakenly believe that the 50,000 yuan was a beauty payment. Therefore, the court of first instance held that the defendant's acquisition of 50,000 yuan had no legal basis and was unjust enrichment and should be returned.

The final judgment was made that the defendant Fang Lanxiang and her husband Li returned 50,000 yuan to the plaintiff.

On August 1, 2001, a copy of B.

Issue a receipt of "I received RMB 35,000 from A today, payee: B" to A. A argues that the receipt is a loan from B, while B argues that the payment is a return from A during the sale and purchase relationship between the parties, and is not a loan between the parties, and that he has never borrowed money from A.

A then filed a lawsuit with the court demanding that B return the amount of 35,000 yuan and bank interest.

In addition, between 1999 and September 2001, there was a rubber sales relationship between A and B and the two parties, and there was an act of trading the money for rubber sales, and a dispute over the sales contract was brought to the court as a result. In the case of a dispute over a sales contract, a sum of 35,000 yuan was involved, and A requested that the amount be handled in a separate case. In the final judgment of the case, it was confirmed that the 35,000 yuan was not settled within the scope of the payment of 290,010 yuan for the rubber sales between the two parties, but whether the payment was a loan or the payment for the goods returned by A to B, or other payments for the rubber sales between the two parties.

Because Person A requested a separate case, the final judgment of the case did not determine and deal with the nature of the RMB 35,000 amount.