How many times have you read the lecture notes?

How many times have you brushed the real question?

What is the correct rate?

What's the point you can't remember?

What if you always forget?

……

Don't think too much, eat this pile of formulas first.

I wish you a bright future. You did the right thing.

I said so much just to tell you.

You must collect this dry goods.

You must collect it.

Be sure to collect it

To collect.

collection

hide

ah

General territorial jurisdiction

1. basic rule: determine jurisdiction according to the location of the parties.

2. The location of the parties:

(1) domicile and habitual residence (continuous residence for one year at the time of prosecution)

The permanent residence takes precedence over the registered residence.

(2) Legal person: the location of the main office.

The domicile of a citizen refers to the domicile of a citizen, and the domicile of a legal person or other organization refers to the location of the main office of a legal person or other organization.

If the location of the main office of a legal person or other organization cannot be determined, the registered place of the legal person or other organization shall be the domicile.

3. Jurisdiction rules of the defendant's location: conventional rules.

Special circumstances for regular exams:

(1) Both parties were put in prison or taken compulsory education measures: ① the defendant's original residence; (2) Where the defendant has been imprisoned or taken compulsory education measures for more than 1 year, it is the place where the defendant has been imprisoned or taken compulsory education measures. ("Interpretation of Civil Procedure" 8) Both parties are imprisoned for labor: less than one year in their original place; More than one year of fixed-term imprisonment and reeducation through labor.

(2) If one of the spouses has left the domicile 1 year or more, one of them will sue for divorce: the defendant's habitual residence. (Interpretation of Civil Litigation 12) Divorced couples leave home: permanent residence for more than one year.

4. Jurisdiction rule of the plaintiff's location: exception rule.

(1) status relationship litigation (marriage, parenthood, maintenance, adoption, etc. ) A lawsuit brought against a person who does not live in People's Republic of China (PRC).

(2) an identity relationship lawsuit filed against a person whose whereabouts are unknown or who is declared missing.

(three) to bring a lawsuit against the person who has been taken compulsory education measures. (Article 8 of the Interpretation of Civil Procedure)

(4) Proceedings against prisoners.

(5) If the defendant's household registration is cancelled, it shall be under the jurisdiction of the court where the plaintiff is located (Article 6 of the Interpretation of Civil Procedure Law).

(6) In alimony cases, if several defendants are not domiciled in the same jurisdiction, they may be under the jurisdiction of the plaintiff's domicile.

(seven) divorce proceedings brought by non-military personnel against military personnel, if the military personnel are non-civilian, shall be under the jurisdiction of the court of the plaintiff's domicile.

(8) If one spouse has been away from his domicile for more than 1 year, the divorce case filed by the other spouse may be under the jurisdiction of the court of the plaintiff's domicile. (Article 12 of Civil Procedure Interpretation)

Concise memory formula

One, two kinds of identity complaints: the missing person does not live in China.

Three or four defendants were imprisoned and overworked.

Fifth, the defendant's household registration was cancelled.

Sixth, support different places.

Seventh, non-military forces left Africa.

Eighth, the divorce order runs away from home.

Distribution of burden of proof in tort cases

Elements and facts of plaintiff's burden of proof in special tort litigation: elements and facts of defendant's burden of proof.

Damage result of patent infringement, causality, fault infringement

High-risk operation tort (no-fault liability) Exemption of tort, damage result and causality: Force Majeure caused by intentional injury of the victim (Article 72 of Tort Liability Law)

Environmental pollution infringement (no-fault liability) infringement, causality of damage results, exemption reasons

Object tort (presumption of fault liability) the tort, damage result and causality are presumed to be that the infringer is not at fault, and the compensation obligee is exempted from the burden of proof for this fact.

Animal tort (no-fault liability) Exemption of tort, damage result and causality: the victim intentionally (Article 78 of the Tort Liability Law for Gross Negligence) causes damage intentionally by a third party.

Defective product liability (no-fault liability) tort, damage result, causality exemption.

* * * Causality relationship with dangerous infringement, damage result and fault.

Part of the fault liability of medical tort is imputed, part of the fault is presumed, tort (illegal, concealing or refusing to provide medical records, forging or tampering with medical records), causality of damage results, fault.

Oral formula

The special ring medicine is inverted, but the high-rise movable property is not inverted.

Inverse law: 1. Infringement damages the plaintiff's certificate, except patent infringement.

2. Defendant's immunity certificate

3. Inversion is mainly a causal relationship.

4. Heavy burden of proof, causality and fault.

Pre-implementation situation

1. recourse for alimony, maintenance, nursing, pension and medical expenses;

2. recourse for labor remuneration;

3. The infringement must be stopped immediately and the obstruction must be removed;

4. Need to stop an act immediately;

5. Recover the insurance claim expenses urgently needed to resume production and experience;

6. Need to immediately return social insurance money and social assistance funds;

7. Failure to return the money immediately will seriously affect the life, production and operation of the obligee.

Concise memory formula

My husband raised money to ask the doctor for support.

Cases in which summary procedure is not allowed.

1. Cases in which the defendant's whereabouts were unknown at the time of prosecution;

2. Cases sent back for retrial and retrial according to trial supervision procedures;

3. A large number of parties;

4. Involving national interests and social interests;

5. A third party brings a lawsuit to request the modification or revocation of a judgment, ruling or conciliation statement that has entered into force;

6. Other cases that are not suitable for summary procedure.

Concise memory formula

Should not be particularly depraved.

Jurisdiction over contract disputes

1. Basic principles of contract dispute jurisdiction: the defendant's domicile; Place of performance of the contract. (Civil Procedure Law 23) According to Article 18 of the Interpretation of Civil Procedure Law, if the place of performance is stipulated in the contract, the agreed place of performance is the place of performance of the contract. Where the place of performance is not stipulated or clearly stipulated in the contract, and the subject matter of the dispute is the currency of payment, the place of performance of the contract is the place where the party accepting the currency is located; Where the real estate is delivered, the place where the real estate is located is the place where the contract is performed; For other targets, the place of performance of the contract is the place of performance of the contract. For contracts that are settled immediately, the place of transaction is the place where the contract is performed.

Concise memory formula

Disputes arising from the contract shall be managed by the two places; The defendant's domicile and place of performance of the contract.

2. The contract does not actually implement the principle of jurisdiction over cases (Civil Procedure Interpretation 18)

(1) The contract has not been actually performed, and (2) The domicile of both parties is not the place of performance agreed in the contract: the court of the defendant's domicile has jurisdiction.

Concise memory formula

In case of actual non-performance, both parties are not at the agreed domicile, and the defendant has the domicile.

3. Determination of the place of performance of the contract:

① Purchase and sale contract:

A. clearly specify the place of performance or delivery;

B. For cases where the place of performance and the place of delivery are not agreed or clearly agreed, as well as oral purchase and sale contract disputes, determine the jurisdiction of the case in case of non-performance; (Not actually implemented)

C. Where the parties expressly stipulate the place of performance or delivery in the contract, but change the agreement in writing or in other ways agreed by both parties in actual performance, the place of performance of the contract shall be determined according to the changed agreement;

D if the parties fail to change the original agreement in the above way, or the change of the original contract does not involve the place of performance, the place of performance shall still be determined according to the original contract.

It should be noted that according to Article 20 of the Interpretation of the Civil Procedure Law, if the subject matter of a sales contract is delivered through an information network, the buyer's domicile is the place where the contract is performed; Where the subject matter is delivered by other means, the place of receipt is the place of performance of the contract. Where there is an agreement on the place of performance in the contract, such agreement shall prevail.

Concise memory formula

The determination of the place of performance of the contract, you buy and I sell;

The agreed place of delivery is the place of performance.

Where the goods are delivered to the door, the delivery place shall prevail;

Self-delivery, it shall be performed at the place of delivery;

When the goods are delivered, the place of shipment of the goods;

Place of actual performance, place of contract performance.

(2) Property lease contract and financial lease contract: a) The place where the leased property is used is the place where the contract is performed; Unless there is an agreement on the place of performance in the contract. Interpretation of civil litigation 19

Concise memory formula

Agreed leasing and financing; Where there is no agreement, the place of use of the leased property.

Mediation and reconciliation in second instance

1. Mediation in second instance

(1) When hearing a case of second instance, the people's court may conduct mediation. If an agreement is reached through mediation, the judgment of the people's court that originally tried the case shall be deemed to be revoked after the mediation is served.

(2) The people's court of second instance may mediate the claims that have been put forward by the parties of first instance, but the people's court of first instance has not yet made a trial or judgment. If mediation fails, it shall be sent back for retrial.

(3) If the parties who must participate in the proceedings do not participate in the proceedings of first instance, the people's court of second instance may conduct mediation; if mediation fails, the case shall be sent back for retrial.

(4) If the people's court of second instance thinks that divorce is absolutely forbidden in the trial, it can be dealt with together with child support and property issues. If mediation fails, it will be sent back for retrial.

(5) In the procedure of second instance, if the plaintiff of first instance adds an independent claim or the defendant of first instance files a counterclaim, the people's court of second instance may mediate the newly added claim or counterclaim. If mediation fails, the parties concerned shall be informed to file another lawsuit.

Concise memory formula

Missing judgment, missing people, being separated, adjusting and retrial; New litigation, counterclaim, adjustment and other litigation

2. Reconciliation in second instance

(1) Make a conciliation statement.

(2) apply for withdrawal.

The parties apply for retrial.

1. The court where the parties can apply for retrial.

(1) You can apply to the people's court at the next higher level for retrial;

(2) A case in which one party has a large number of people or both parties are citizens may also apply to the people's court that originally tried the case for retrial.

2. Reasons for retrial

(1) There is new evidence enough to overturn the original judgment or ruling;

(two) the basic facts identified in the original judgment or ruling lack evidence to prove;

(3) The main evidence of the facts ascertained in the original judgment or ruling is forged;

(four) the main evidence of the facts ascertained in the original judgment or ruling has not been cross-examined;

(five) the main evidence needed for the trial of the case, the parties can not collect it by themselves due to objective reasons, and the people's court has not investigated and collected the main evidence in writing;

(6) The application of the law in the original judgment or ruling is indeed wrong;

(seven) the composition of the judicial body is illegal or the judges who should be avoided according to law have not avoided;

(8) A person without capacity for litigation does not have a legal representative, or the party who should participate in the litigation does not participate in the litigation due to reasons not attributable to him or his agent ad litem;

(nine) in violation of the law, depriving the parties of the right to debate;

(10) Sentenced by default, without summons;

(1 1) The original judgment or ruling omitted or exceeded the claim;

(12) The legal document on which the original judgment or ruling was based has been revoked or changed;

(13) In the trial of this case, the judge was guilty of corruption and bribery, bending the law, and perverting the law.

Concise memory formula

New certificate, perjury, insufficient evidence, without cross-examination and investigation

Law application, wrong court composition, failure to avoid, inability to participate.

No debate, no summons, omission of judgment, exceeding judgment, revocation of documents, violation of legal procedures, and perverting the law.

Such a ruling should be retried.

Handling of unexpected behaviors and events in litigation

1. Extension

(1) The parties who have to appear in court and other participants in the proceedings have justified reasons not to appear in court;

(2) The party concerned temporarily applies for withdrawal;

(3) It is necessary to notify new witnesses to appear in court, obtain new evidence, re-authenticate, conduct an inquest or make supplementary investigations;

(4) Other circumstances that should be postponed.

Concise memory formula

A new L/C will be issued and postponed.

2. Suspension of proceedings

(1) If one party dies, it is necessary to wait for the heir to indicate whether to participate in the lawsuit;

(2) One party has lost the capacity for litigation and has not yet determined his legal representative;

(3) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;

(4) One party is unable to participate in the litigation due to irresistible reasons;

(five) the case must be based on the trial result of another case, and the other case has not yet been concluded;

(6) Other circumstances in which litigation should be suspended.

Concise memory formula

Death and mourning will not end, and the lawsuit will be suspended.

Execution suspension and execution termination

1. Execution aborted.

(1) where the applicant indicates that the execution can be postponed;

(2) The outsider raises legitimate objections to the object of execution;

(3) A citizen who is a party dies and needs to wait for the successor to inherit the rights or assume the obligations;

(4) The legal person or other organization as a party terminates, and the successor of rights and obligations has not been determined;

(5) Other circumstances in which the people's court considers that execution should be suspended.

Article 102 of the implementing regulations: (1) The people's court has accepted the bankruptcy application with the debtor as the executor; (2) The person subjected to execution has no property to execute; (three) the subject matter of execution is the subject matter of a case being tried by other courts or arbitration institutions, and it is necessary to wait until the trial of the case is completed before determining the ownership; (four) one party applies for enforcement of the arbitral award, and the other party applies for cancellation of the arbitral award; (five) the respondent requests the people's court not to execute it and provides appropriate guarantee.

Concise memory formula

Delay, difference, death, end, break, nothing, dispute, arbitration, burden, and then, execution should be suspended.

2. Termination of execution

(1) The applicant withdraws his application;

(2) The legal document on which it was executed has been revoked;

(3) The citizen who is the person subjected to execution dies, and there is no inheritance for execution and no obligor;

(4) The obligee in the case of recovery of alimony, alimony and alimony dies;

(five) as a citizen of the person subjected to execution, he is unable to repay the loan due to living difficulties, has no source of income and loses the ability to work;

(six) other circumstances that the people's court considers that the execution should be terminated.

Concise memory formula

Two evacuations and two deaths have no ability, and the implementation has to end.

Court's supervision of arbitration

(1) Revoking the arbitral award

1. startup mode: at the request of the parties.

2. Jurisdiction Court: the Intermediate People's Court where the Arbitration Commission is located.

3. Application period: within 6 months from the date of award.

4. Time limit for the court to make a ruling

The court shall, within 2 months from the date of accepting the application for revocation of the award, make a ruling to revoke the award or reject the application.

5. The court notified the arbitration to be re-conducted.

(1) Notify the arbitration tribunal to re-arbitrate within a certain period of time and make an order to suspend the cancellation procedure. Arbitration law 6 1

(2) The punching court refused to arbitrate again, and the court ruled to resume the cancellation procedure.

(3) Reasons for Re-arbitration, False Evidence and Concealment of Evidence 2 1

(4) If you are not satisfied with the re-arbitration award, you may apply for revoking the interpretation of the arbitration law again.

If a party refuses to accept the re-arbitration award, it may apply to the people's court for cancellation in accordance with the provisions of Article 58 of the Arbitration Law within six months from the date of service of the re-arbitration award.

(2) Failure to execute the arbitral award

1. The jurisdiction over the execution and non-execution of arbitral awards should be upgraded to the interpretation of the arbitration law of the intermediate people's court.

2. Three Special Treatments of Applying for Non-enforcement (or Cancellation) of Arbitral Awards —— Interpretation of Articles 26, 27 and 28 of Arbitration Law

(1) The cancellation application was rejected.

After the parties' application to the people's court for cancellation of the arbitral award was rejected, they raised the defense of non-execution for the same reason in the execution procedure: no support.

(2) Apply for cancellation or non-execution on the grounds that the arbitration agreement is invalid;

① No objection was raised in the arbitration procedure, and it was not supported;

(two) in the arbitration proceedings, the objection can be supported by the examination.

(3) Application for cancellation or non-enforcement of the award based on arbitration conciliation statement or settlement statement: not supported.

(three) the unity of the reasons for revocation and non-enforcement of the arbitral award

The evidence on which the ruling was based was forged.

(2) The other party conceals evidence from the arbitration institution that can affect justice.

Concise memory formula

There is no agreement, beyond the scope, and the procedure is illegal;

Forging evidence, concealing evidence or perverting the law;

It also violates social welfare, and such a ruling can be revoked and not enforced.

Exemption from evidence facts

1. Facts without evidence

(1) natural laws and theorems;

(2) well-known facts;

(3) Other facts that can be inferred according to laws or known facts and rules of daily life experience;

(four) the facts confirmed by the legally effective judgment of the people's court;

(five) the facts confirmed by the arbitration institution's effective award;

(6) Facts proved by valid notarial documents.

There is no need to prove that the laws of nature are irreversible.

2. Recognition: one party recognizes the facts of the case advocated by the other party and exempts the other party from the burden of proof.

Cases not subject to summary procedure.

1. Cases in which the defendant's whereabouts were unknown at the time of prosecution;

2. Cases sent back for retrial and retrial according to trial supervision procedures;

3. A large number of parties;

4. Involving national interests and social interests;

5. A third party brings a lawsuit to request the modification or revocation of a judgment, ruling or conciliation statement that has entered into force;

6. Other cases that are not suitable for summary procedure.

Concise memory formula

If the whereabouts are unknown, the public welfare should be revoked.

Power of attorney comes from power of attorney.

(1) General Power of Attorney

(2) Special power of attorney: on behalf of others, acknowledge, waive and change the litigation request, make a settlement, and file a counterclaim or appeal. The Interpretation of Civil Procedure stipulates that mediation requires special authorization.

Concise memory formula

Commitment, harmony, opposition, upward adjustment and authorization should be special.

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