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A, B, and B called people, what kind of students are they? College students are different from middle school students. If you are under 18 years old, you are a minor, and you will be given a lighter sentence depending on the circumstances.
In addition, there is also a difference between the stick and the knife, if the knife belongs to A, then A is carrying the knife itself in violation of the administration of public security, and if the person called by B brings it, then A may only be justified defense even if he stabs the other party to death. If B asks someone to fight A, both with his bare hands, and A stabs one of them with a knife, it cannot constitute legitimate defense. If the knife and the club are brought by someone B, and the knife and stick are used to prepare to strike A, and A snatches the knife and stabs one of them, it is justified self-defense.
The requirements of justifiable defense are, 1, the ongoing unlawful offense, and 2, that the degree of the unlawful offense cannot be clearly exceeded.
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1. (1) For emergency avoidance, Sun is not liable, and the person who caused the danger should be held responsible.
2) According to Article 83 of the Tort Liability Law.
Where an animal causes damage to others due to the fault of a third party, the infringed party may request compensation from the animal keeper or manager, and may also request compensation from the third party. After the animal keeper or manager makes compensation, he or she has the right to recover compensation from a third party.
Therefore, the owner of the jade can claim compensation from the owner of the sow, or he can ask for compensation from the third party who is at fault to find Zhao and Qian.
3) The acts of the two persons are joint infringement and they shall be jointly and severally liable. The reason is that Article 8 of the Tort Liability Law Where two or more persons jointly commit tortious acts and cause damage to others, they shall be jointly and severally liable. Article 9: Those who instigate or assist others in committing infringing acts shall bear joint and several liability with the perpetrators.
4) If Qian is 8 years old, part of the responsibility that should have been borne by Qian has been replaced by his guardian. Even if Sun can claim responsibility from Zhao and Qian's guardians, he can also claim responsibility from the owner of the sow. It is also possible to ask the guardians of Zhao and Qian, and the director of the mother to ask for responsibility.
5) If Qian's beating of the pig with a wooden stick is carried out because the sow chases and bites it, it constitutes an emergency avoidance, and the owner of the sow should be held responsible.
2. Answer: 1) The legal heir of this case is Liu Jia; The subrogated heir is Ma Yuhua; The donees include Uncle Zhang and Uncle Zhao; Liu Yi was revoked by the will and was not the heir; Liu Bing died before the decedent and is not an heir.
2) Liu San's will should be treated as follows:
Liu Yi was unable to inherit the estate because his inheritance rights were cancelled by the will.
Uncle Zhang can get 1 relict house and 10,000 yuan in cash according to the will.
Liu Bingyi could have shared 3 rooms and 30,000 yuan in cash according to her will, but she died before the decedent, so the estate designated for her in the will was transferred to legal inheritance and inherited by Liu San's legal heirs.
Uncle Zhao died before the decedent as the donee, and according to the provisions of the inheritance law, Uncle Zhao's legal heirs cannot inherit the estate of the legatee. (3) In addition to the 1 relict house and 10,000 cash inherited by Uncle Zhang, the remaining 16 relict houses and 110,000 cash should be divided equally by Liu Jia and Ma Yuhua (subrogation).
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1. The court shall rule that both parties shall divorce. For the relationship between husband and wife has indeed broken down.
2. Safeguard the legitimate rights and interests of women and children, the rights and interests of the innocent party, and the legitimate rights and interests of the weak.
3. The woman is better raised. It should be awarded to the man, and the woman should take care of it, which will not affect the woman's future marriage and childbirth, and will be beneficial to the child's growth.
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