What's wrong with this lawyer?!

Chapter 498



Chapter 498

?Chapter 498: Chapter 171: I’ve put in so much effort, it’s certainly not just for the right to know_4 Chapter 498: Chapter 171: I’ve put in so much effort, it’s certainly not just for the right to know_4 “Oh Old Zhou, I wanted to tell you something.

The case that Lawyer Tang has filed, our court is thinking of making it a guiding case.

You have to work hard, don’t retire without having been involved in a guiding case…”

Right, Old Geng and Old Zhou were classmates, both graduates of the Politics and Law University in Magic City.

After sending the message, Old Geng walked with a spring in his step.

At his age and in his position, little else could spark his interest.

But seeing his old classmate feeling uncomfortable, that was quite satisfying…

Of course, being a guiding case doesn’t necessarily mean that Tang Fangjing has to win.

...

Regardless of who wins, the case is meaningful.

According to the “Higher Education Law,” students have the right to supervise their universities.

This time, suing from the perspective of the right to know is an innovation.

If it is recognized, it will mean that in the future, students can sue over fees collected by schools on the grounds of the right to know.

Take textbook fees, for example.

Although the fees collected in advance are supposed to be adjusted later with refunds or additional charges, the problem is not there.

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Has anyone noticed that some textbooks distributed during college are never used?

Yet they are unusually expensive, and you have no choice but to buy them.

Even now, there are complaints about it, unused textbooks being sold at such a high price, and you’re still forced to buy…

With the strike of the gavel, the trial officially began.

After the statements, Old Tang began to present evidence.

“Evidence one: the admission notice, student ID, and tuition payment records, demonstrating that our client is indeed a student of the defendant school, and that an educational contract exists between the parties.”

Dong Wenlu immediately begins to cross-examine: “We recognize the objectivity and authenticity of the evidence; however, we do not acknowledge its relevance.”

“Jingzhou Vocational and Technical College is a full-time ordinary vocational college approved by the Jingzhou City government and recorded by the Ministry of Education.

Its provision for education is based on the ‘Education Law,’ and the nature of its main body is special.”

“Moreover, most of the school’s operational funds come from government grants…”

Old Tang was really tired; the opposing counsel’s cross-examination points were all things he had considered before, a bit boring.

But he still had to continue presenting evidence.

“Evidence two: the payment record for our client’s military training uniform, proving that the school did indeed collect a fee of one hundred and twenty yuan for the uniform on behalf of others.”

This point was indisputable, and it was futile to argue the lack of relevance.

“Evidence three: the school’s list of fees includes the military training uniform fee, marking it as a compulsory fee, proving an entrustment contract exists between our client and the school as an accessory contract to the educational contract.”

Dong Wenlu naturally denied everything; first of all, she denied the existence of an educational contract, so naturally, any incidental contract didn’t exist either.

But she didn’t describe what kind of transaction the purchase was.

Then came Dong Wenlu’s turn to present evidence, which was not extensive.

For example, the school’s finance department provided the ratio of tuition fees collected from students to government grants in the school’s operating expenses, aiming to demonstrate the absence of a contractual relationship between the parties.

Dong Wenlu’s line of thought was to prove the absence of a contract, and naturally, there was no need for disclosure.

You could complain or report that the school had issues, but you couldn’t demand to see these records.

She also mentioned in passing that Liu Zixu had initiated this lawsuit because he had been previously summoned for a talk by the school and was acting out of revenge, with an impure motive.

Old Tang was actually too lazy to cross-examine; there was no need when the other party had no evidence.

Finally, Old Geng announced the end of the court investigation, and the stage of courtroom debate began.

Dong Wenlu kept pressing on one point: the tuition fee you paid is far from enough to cover your education at the school.

“I would like to ask the plaintiff’s representative, if the relationship between the school and the students is regarded as an educational contract, shouldn’t the tuition fees entirely cover the educational expenses incurred by the school?”

“But in fact, according to the evidence one I previously presented, tuition fees account for less than twenty percent of the school’s educational and teaching funds.

So, why would we consider there to be an educational contract between the parties?”

Old Tang shook his head again at this; Dong Wenlu was already resorting to specious reasoning.

“According to the ‘Interim Measures for the Administration of University Fees’ and the ‘Regulations of Handong Province on the Administration of Fees of Higher Education Institutions,’ Article 5, Section 1 of Chapter 2, tuition fees refer to the training costs that institutions of higher learning charge to students in accordance with specified items and that should be borne by the educatees.”

“Therefore, since tuition fees are the training costs that educatees should bear, they should be considered as indicating the existence of an educational and training contract between the parties.

The defendant’s argument about the ratio of costs is irrelevant.

Government grants beyond tuition fees can be considered as state subsidy for higher education…”

What Old Tang meant was, once you collect this money, it’s meant to fund the students’ education.

Regardless of the amount, you have certainly collected it, and it’s nominally for training costs.

As for government money, that is a subsidy from the state and bears no relation to whether an educational contract is established or not.

After the college entrance examination and applying for the school, we can consider that the student has made an offer to the school.

The school’s acceptance can be construed as a promise.

With an offer and a promise, a contract naturally exists.

Otherwise, what about private colleges?

They charge particularly high fees.

Can you deny the existence of a contract between them?

After stating his point of view, Old Tang didn’t say much more; this issue had already been argued many times in the past, and the existence of a contractual relationship was basically recognized.

So, as Dong Wenlu kept talking, she realized that Lawyer Tang wasn’t debating with her at all…


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