This episode is still a three-line parallel of lawsuits, law firm development and Ponzi schemes. The case that Diane is taking on is a dispute over egg ownership. She went to the clinic and wanted to get back the eggs that the client sold a few years ago. Who knows that the clinic has changed its face, and the doctor refused to inform the whereabouts of the eggs for this reason. ), the frightened doctor was urinating, and obediently told the egg whereabouts▼
Fraudulent transfer Fraudulent transfer, also called fraudulent conveyance. This concept often appears in debt-creditor relationships, especially bankruptcy debt. If a company owes a lot of debt and is about to lose its support, it can file for bankruptcy protection. If the company terminates its corporate legal personality by bankruptcy, it is only obligated to pay off its debts with real property, and can be exempted from other obligations that cannot be repaid. The original intention of bankruptcy law is to optimize the market and give debtors a chance to turn over. However, many debtors take advantage of this "welfare" and plan in advance to use various methods to withdraw the main effective operating assets of the enterprise, and use the shell enterprise with only a few waste materials to bear all the debts of the original enterprise, and then apply for bankruptcy to achieve the purpose of evading debt repayment. Diane came to the clinic to sit for a few minutes, chatted a few words with the doctor, and saw that they were suspected of fraudulent transfer. Sure enough, Jiang was still old and hot! So, don't provoke a lawyer easily haha~ Then, the lawyers discovered that there was only one left of the 12 eggs sold at the beginning, and it was still fertilized... No choice, in order to compete for the ownership of the only egg , had to go to court with the egg buyer! In court, Diane immediately applied for an emergency injunction for egg implantation▼
Emergency injunction An emergency injunction is a temporary order issued by a court ordering a party to stop (or continue) a particular conduct based on the nature of the case. The party applying for the injunction needs to prove that the injunction is to prevent more serious damage in the future. An emergency injunction can be considered as an expedient measure, which can buy more time for the subsequent series of proceedings, and if the applicant can provide sufficient evidence, it can be converted into a permanent injunction (permanent injunction). Many other situations also apply to emergency injunctions, such as abuse cases, patent infringement cases, child custody cases, etc. Another line, Mike Kresteva played by Matthew Perry appeared, everyone still remember the handsome Chandler in "Friends", after so many years, Matthew is old, this time in TGF's departure, he can no longer find his neck Now...I have to make people feel emotional, time flies, neck flies...▼
In the mother drama TGW, Kresteva abused the heroine Alicia a lot, and Diane knew it. This time, Kresteva came over to tell Diane affectionately that I was not who I was before, I was a new person, and I was a good person! He was about to wipe away tears...but it didn't take long for him to show his true colors - a subpoena of Grand Jury was sent to all the lawyers at the Reddick, Boseman & Kolstad law firm ▼
Subpoena is a government order issued by a court (and in some cases by a lawyer) to ask witnesses to testify or provide physical evidence, etc. Subpoena literally means under penalty, that is to say, if you receive a subpoena and do not comply with the above requirements, it may constitute a contempt of court, so you will be subject to civil or criminal penalties, ranging from fines to severe penalties. jail. There are generally two types of subpoenas, one is subpoena ad testificandum, which requires to testify in court; the other is subpoena duces tecum, which requires documents, materials, physical evidence, etc. Grand Jury The United States is one of only two common law countries (the other being Liberia in West Africa) that still uses a grand jury to screen criminal charges. The members of a grand jury in the United States are generally 16 to 23 people, and are only responsible for determining whether a criminal case can be filed, not involving a civil case. Its main job is to decide whether to prosecute a suspect for that charge by reviewing the prosecutor's allegations and evidence. In layman's terms, the grand jury is involved in a pretrial procedure, not a trial procedure, which is equivalent to the role of an "investigator". The whole procedure is private. There are no lawyers and no judges. The grand jury only hears the evidence and opinions of the prosecutor, not the defense. Relatively speaking, it is the petit jury, which is the one we often see in film and television dramas. The uncles and aunts who sit in the front and back of the court with serious expressions are participating in the court proceedings. A case is decided to indict, submit to a jury and initiate court proceedings. Cases submitted to a small jury are not limited to criminal cases, but also include civil lawsuits, and the responsibility of the small jury is to make a verdict on the facts, usually "guilty! Not guilty!" or "Losing money! Not paying!" In practice, Grand juries often become an important investigative weapon for prosecutors. Because the grand jury has special powers such as secretly arraigning the person concerned and requiring the arraigned to make a statement under oath, and refusing to testify to the grand jury can be sentenced to contempt of court, prosecutors often Obtain testimony or client statements that are not available to you with help. So later when Diane appeared in court, he said, "You don't have to thank me falsely, I received a subpoena and had to come" ▼
Lucca met Colin in a bar, and wanted to find out from him Kresteva's real purpose for their law firm. After the two exchanged information, Colin wanted to invite Lucca to his house, but Lucca ruthlessly refused, saying that he did not want to change the matter. A deal (Quid pro quo)▼
Quid pro quo is a Latin phrase meaning something for something or this for that, which is equivalent exchange. This Latin phrase was first introduced into English in the 15th century, by pharmacists, to refer to the process of substituting one medicine for another. The meaning of the phrase expanded rapidly over the next few decades to express a general equivalent exchange. Today, however, it is mainly used as a legal term. In common law, quid pro quo is generally used when an item or a service is exchanged for an equivalent. That is to say, in this contract, there is pay and return, and the two are equivalent. In the United States, if there is a clear imbalance in an equivalent transaction, courts in some jurisdictions will question whether the Quid pro quo really exists, and the transaction contract is likely to be ruled invalid. In the U.S. labor law, there is a type of sexual harassment defined as "Quid pro quo" harassment, that is, sexual harassment carried out by superiors on the condition of promotion and salary increase. There is an exchange in the process of sexual harassment. So you see, what is a real goddess! Just like Lucca, in the face of such a shining handsome guy, he can still remain rational. Although he has feelings for you, work is work, and feelings are feelings. I will not mix emotional factors into work as a transaction. chips. At the end of this episode, Diane won the lawsuit because "different countries have different rules", it can be said that the limitations of the law helped her ▼
Maia was not so lucky, and the temporary restraining order issued to her ex-boyfriend did not work because of the geographical limitations of the law▼
She, a lawyer, also felt that the law was powerless when faced with fake news on the Internet, and had to use illegal means to solve the problem... During the US presidential election last year, fake news on social networks such as Facebook and Twitter were all over the place. , Maia's experience in this episode is probably a satire on the fact that the Internet is full of fake news~ The above is the legal knowledge of the fourth episode of "The Great War"~ Next week, the red-haired female lawyer Elsbeth will be online. See you soon! Episode 1 Guide Click here for the link to the interpretation of Episode 2 Episode 3 Detoxification Link Episode 5 Trump Assists Episode 6 Climbing the Ladder
Episode 7 goes fast
Episode 8 Split
Episode 9 Self-Incrimination
The tenth season finale suspense , the follow-up interpretation of legal knowledge of watching dramas can pay attention to the official account
Reference: en.wikipedia.org/wiki/Fraudulent_conveyance#United_Kingdom law.cornell.edu/uscode/text/11/548 guokr.com/question/585190/wisegeek.org/what-is-an-emergency-injunction.htm litigation.findlaw.com/going-to-court/what-is-a-subpoena.html en.wikipedia.org/wiki/Grand_juries_in_the_United_States law.cornell.edu/wex/grand_jury merriam-webster.com/dictionary/quid%20pro %20quo en.wikipedia.org/wiki/Quid_pro_quo
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