隨著星期六的High Court Mock Trial,終於都完成哂所以Advocacy course啦!我覺得今次最難既係要係短時間內看熟關於個case既資料,一d都唔容易。如果可以多一個星期,可能會好很多。不過我想很多人都唔想,一來個civil case真係好悶,二來真係唔想一邊返學還要記掛住個trial。
今次trial最大的得著,就是知道什麼之前問得唔夠,什麼不需要問。其實很多野之前都唔清楚的。不過,雖然盡了力,但個case都是輸了,原訴人贏了。
審我地個官很好人,講著了那案的重點所在:就是佢唔相信被告是唔知道立約時是一定要書面的。另外,個法官從往來文件認為其中一些字眼(We handle as per our usual agreement)中的"handle"不等於今個transation係base on之前既terms。如果我所為defendant可以在exam-in-chief問得到佢唔知情,同埋原告係有看過之前的書信去arrange delivery但又忘記arrange insurance,個case就機會比較大。
我知道有些同學的法官都幾....要同學仔一定要講出個答案,唔識就問個partner。佢地好像企了在庭成十分鐘。又有一些忘記了佢係高等法院的法官,係要稱呼"My Lord, Your Lordship"的,最後被人罵佢係唔係貶低佢身份...
我那天都幾早到,不過就十分之詫異為什麼有觀眾的。原來有很多現在讀緊LLB, Legal Method同Business Law的同學都有來聽的,佢地之後仲要交observe report。不過自己心想,其實看我們真係看不到什麼的。
今日自己覺得最好笑係,對方問了我個witness佢previous conviction既野,我立即起身同個法官講Objection, 條問題同個issue唔關係的...不過個官都allow對方問落去。之後,我個partner都有起身object一次...
上庭其實很有滿足感的...
一開始都還有少少驚,但一陣就唔怕了。不過都有些蝦碌,對方同學仔就問了leading questions。我就有個point係closing俾個官講話對方沒有係問題帶出過。不過那天真的很累,之前屋企沒有水電,但晚才prepare。如果唔係真係做個bullet pt,唔似得現在prepare個scipt之後一路amend d evidence,同個官完全沒有eye contact。不過overall,都滿意的。始終都是第一次...不過我個partner好像唔太開心..可能最終都是輸了...
PS: 有一單好笑野..有些同學仔俾個法官話我地飲水唔用cup飲,揸住個樽就甘飲,甘樣很ugly。又話我地帶d starbuck入去個bench...哈哈...原來真係可以很大wok的...以下是在美國發生的:
January 25, 2008, 5:38 pmJudge Holds Lawyer in Contempt for Reading Maxim
Posted by Peter LattmanThank heavens for the Salisbury Post, and the Law Blog reader who pointed us to it. A North Carolina judge held an attorney in contempt on Wednesday for reading Maxim magazine during a court session. Judge Kevin Eddinger (pictured) held lawyer Todd Paris in contempt after he saw him reading Maxim magazine with “a female topless model” on the cover, according to the court order. Paris declined to comment yesterday to the paper.
When Eddinger gave Paris a chance to respond he apologized and “stated in his view the magazine was not pornography, was available at local stores and that he did not intend contempt,” the order said. Eddinger fined Paris $300, gave him a 15 day suspended jail sentence that remains in effect for a year and placed him on unsupervised probation, according to the order.
Eddinger wrote in the order that “The contemnor’s (Paris) conduct interrupted the proceedings of the court and impaired the respect due its authority. In addition, the contemnor’s actions were grossly inappropriate, patently offensive, and violative of Rule 12 of the General Rules of Practice. Courtroom staff, law enforcement, members of the Bar and the general public shall be able to conduct courtroom business in an atmosphere free of the display of offensive material as demonstrated by the contemnor, thus necessitating this action.”
The story quotes a cop who was in the courtroom and said Paris came in after the lunch break and sat down on the front bench. He started looking at Maxim while Eddinger was hearing cases, the paper says. Eddinger saw him reading it and called Paris to come to the bench and bring the magazine. Paris reportedly offered to leave the courtroom and discard the Maxim, but Eddinger refused to let him leave and demanded the magazine. After some reported banter, the judge slapped him with a contempt citation, handing the magazine to the clerk and identified it as Exhibit A for the contempt case.
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