Interesting case law:

American lawyer Dr. Qiu Zhang firm

 

Law Offices of Dr. Chang C. Chen

 

California: 7304 Pebble Beach Drive           Taipei: Floor 2, No. 128, Sect. 1,

El Cerrito, CA 94530                             Shin Sun South Road

Taipei, Taiwan

Tel: (1) 415-990-1858                             Tel: (886) 937387815

E-mail: changcchen@gmail.com

Www.lawyerchiu.com

 

Here are some interesting case I collected:

 

1.A pair of husband and wife to divorce court, but the custody of the children under dispute, the mother said: children are out of my stomach, my behoove custody. Mr. would like to fight, the judge asked him reason to try, after a period of silence, the man What one says is plausible. said: the judge, when I put a dollar into a vending machine, soda, out of a bottle of Coca-Cola, is this bottle of coke is belong to the vending machine? The judge to rational, coupled with factors other considerations, is awarded custody to the mr..

 

Two.

Malaysia court ruled recently, let employee secretly scold the boss. The cause is a female staff member is a National Indemnity Company, the office computer to send e-mails to friends, to his boss grumble. When the company found that e-mail content, give her to the sack! Female staff greatly dissatisfied, filed a lawsuit to the court, the court finally ruled that, insurance company fired the female staff are neither legitimate nor reasonable, require the company to compensate the female staff salary, plus a total of one hundred and fifty thousand yuan compensation. The reason is: the staff about the boss is normal, if the employee when the boss scolded him, belongs to the improper behavior: if the employee is in the boss behind or about the boss in a few friends, it is not improper, because they don't want to let the boss heard these words.

 

Three.

America North Karuolaina state have a lawyer bought a box of very expensive cigars, and buy fire insurance for cigar. The lawyer put this box of cigars smoked in a month, so he make claims to insurance companies, the insurance company refused to pay, because he removed. But the judge said, since the insurance company accept him and fire, but did not say clearly what is "unacceptable fire", so the need for compensation. The company has agreed to pay $fifteen thousand for the lawyer, as to appeal to more expensive!

But when the lawyer to check up, the insurance company immediately to the police, said the lawyer longitudinal twenty-four fire, and intentionally destroyed the insured property, lawyer immediately to two charges, was arrested and sentenced to two years in prison.

 

Four.

Guangdong Foshan a lady in the morning from the garage to drive go to work, but the two men already ambush in the garage, they axe, right and left the station in the car next to beat MS Windows on two sides, with the axe, the lady was frightened jump, using the horn. The robbers managed to break the window, pulling her hair and take her on the copilot seat bag, then ride a motorcycle escape. Because there are eighty thousand cash bag, the woman decided to drive to catch robbers.

Ms. garage is straight road, the robber only straight, later lady finally overtook them, fling caution to the winds the robber on the shoulder, lady also directly to the car on the road shoulder, first break the iron railings, finally hit a motorcycle, the three robbers is bumped to fly, one of them died on the spot. After the incident, the network of ninety percent netizen greatly praised the bravery, but the legal profession, but some people think that the lady's behavior belongs to the defense when, want to pay certain criminal responsibility, because the robber has succeeded and leave, the robbery infringement has ended, but also to eliminate the threat of personal harm victims MS, then type counterattack, effective time has exceeded the justifiable defense.

The court's decision is: the lady's behavior belongs to the justifiable defense, without negative sentence. Two robbers were each sentenced to twelve years and ten years in prison. The judge said the robbery, ready to escape, but haven't run into, still in the field of vision, so it can be identified as the robbery is underway, and "self-defense" including is violent crime to endanger the personal time, defensive behavior of the victim to, if not to infringe people the casualties, not excessive defense, not to bear criminal responsibility.

 

Five.

America Pennsylvania Veni, a thief was trying to steal a home owner is not in the house, from the garage escape, but because the remote automatic door is broken, he could not open the garage door, he couldn't enter the house, because he came out had locked the door, and the family is in the county City holiday, so the thief was locked in a garage for eight days. He found a box of cola and a bag of dog food in the garage, linger eight days. After the thief was very angry, so to the homeowners insurance company claims, the reason is this situation caused his heart fear, frustration and depression transition, is unforgettable nightmare. The jury thought, change is also locked in the closed space only dog food in eight days there, the thief was sympathy, require the insurance company to admire his spirit hurt compensation of $five hundred thousand. Of course, the thief also for his theft and sentenced.