Originally, Qin Mu had demanded to review the details of the donations because he suspected underhanded dealings. He thought they might have embezzled the money. When the case reached court, he expected the opposition might tone things down and try to skirt the issue.
Who would have thought...
Xu Liming and his cohort tore off any pretense of innocence, not even attempting to cover their tracks. They outright betrayed their own teammate, Zhao Wan, turning her into a scapegoat. They blatantly told Qin Mu they had indeed misappropriated the funds.
But in reality, it definitely wasnât just Zhao Wan who misappropriated the funds. Xu Liming and the others surely had their share too!
And now, Xu Liming and George were once again demanding that Zhang Qingyuan fulfill the terms of the agreement and proceed with the donation.
He might be old, but he wasnât senile.
"Iâm not giving a single cent of this money!" Zhang Qingyuan declared, looking coldly at Xu Liming, his attitude resolute. With Qin Mu present, his confidence was bolstered.
Qin Mu also stood up and stated, "Your Honor, we maintain that the opposing partyâs demand for donations, purportedly based on the donation agreement, is unreasonable and illegal. As youâve seen, their fundraising activities are plagued with internal issues, meaning our clientâs funds cannot be guaranteed. Furthermore, they employed deceptive tactics to induce our client to sign, so this agreement cannot be considered voluntarily entered into."
Facing George, Qin Mu confronted him head-on, not yielding an inch.
In court, the judge frowned at this and said, "Counsel for the defendant, as a lawyer, you should know whether this agreement is compliant." As he spoke, he pointed to a donation agreement before him. It listed numerous donation clauses, the donor and donee, and the legal responsibilities of the third-party organizations involved.
"The plaintiff, as the executor of the donation, did not violate any clauses of the agreement during the fundraising process," the judge stated solemnly. "Even if there was internal misappropriation of public funds, that is a separate matter. Old Zhang possesses full civil capacity and should therefore fulfill his obligations as stipulated in the agreement and complete the donation."
In front of both parties, he made his stance clear: he leaned towards the plaintiffâs side, requiring Zhang Qingyuan and Feng Cuihua to complete the donation.
"Currently, the plaintiff still demands you pay the forty thousand yuan donation and thirty thousand yuan as compensation for breach of contract. The court finds this proposal very reasonable. If you have any objections, you may raise them now." Finally, he glanced at Qin Mu, then at Zhang Qingyuan and Feng Cuihua in the plaintiffâs seats, reaffirming the settlement proposal.
Georgeâs proposal had also received the courtâs full approval; they felt the compensation was not excessive. It was reasonable and lawful.
However, Qin Mu immediately shook his head. "Sorry, we do not accept this proposal." Without a second thought, he rejected the judgeâs proposed settlement.
"You should consider this carefully." The judge paused, taken aback for a moment, then gave Qin Mu a deep look.
Qin Muâs attitude was unwaveringly resolute, leaving no room for negotiation. He didnât even suggest lowering the compensation, outright refusing to pay a penny.
"Thank you for the reminder. We have considered it very carefully," Qin Mu replied, standing straight and tall.
He had anticipated such a situation long ago.
In Ames City, there had been several past instances of donors reneging on their pledges. The courtâs approach had always been to require those who reneged to fulfill the contract and pay the donation.
In the judgeâs view, this case was no different. If Qin Mu couldnât provide evidence of fraud by the opposing party, he couldnât challenge the voluntariness of the contract signing. This meant Old Zhang and Feng Cuihua had entered the agreement voluntarily. Having made a voluntary and autonomous decision, they were obligated to fulfill the agreement.
"In that case, since the defendant does not accept the plaintiffâs proposed settlement, this case will proceed to a formal trial in three days." In the courtroom, the elderly, white-haired judge took a deep breath and banged his gavel, announcing the update on the trial proceedings.
Qin Muâs stance was unequivocally firm, so the judge didnât press him further. More discussion would be pointless. In such situations, the best approach was to resolve matters during the trial.
"Now, letâs move to the third agenda item: discussing whether this trial requires the involvement of a jury." Subsequently, the judge raised his head, looking towards the seats of both parties on either side, and posed the question as a matter of routine.
Generally speaking, civil dispute cases like this rarely involved a jury. Only cases involving criminal charges would typically opt for jury involvement. Within the common law system, all criminal trials are treated with utmost caution, hence the use of juries composed of citizens for deliberation. This signifies that a judgment rendered by citizens on a suspect means citizens hold the power to judge. Such a verdict requires unanimous agreement. If thereâs any disagreement within the jury, the case must be retried. This system significantly helps prevent wrongful convictions, as it represents a decision made by the collective will of the populace.
In civil trials, however, few people are willing to expose their disputes to others; judgments are generally kept private.
"We request the involvement of a jury!" At that moment, George stood up from the lawyersâ bench and was the first to state his position.
On the other side, Chen Tiankuoâs expression changed slightly at this. He whispered to Qin Mu, "His objective seems quite clear now. He wants to use the jury to create an overwhelming advantage and aim for a swift victory." He had dealt with George a few times before and was well aware of his capabilities. Beyond his litigation skills, Georgeâs eloquence was truly top-notch.