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Hi
Everyone
And welcome back to america under the microscope
欢迎你回到贤化美国
Hello
James Hi
Lulu Hi
Everyone
You know i'm a huge fan of courtroom drama and crime drama
Right yes
Laong and order yeah was was of watwatching order or and the likes one thing strikes me yes just like a habit of america
It's just like anytime
They're not happy with someone or something they say i'm going to suo well 要起soup
That's true ue yereally really true
I always thought that has to be an exaggeration
Well
The exaggeration of thing i want to sue you
Yes
They don't really say that
But americans do love lowsuits
And we do so pretty freely
嗯
So let's talk about lawsuits
And this whole idea of lawsuits
Everywhere people so willing to sue others
First of all who can you so i have a great answer for that
Anybody
Body
Anybody body can sue anybody
Yeah
Anybody can see anybody you can sue
You can see your neighbor
You can sue a business
You can even see the president of the united states
But the truth is most lawsuits of people file with the courts
So so t's calme no merit
What does that mean no merit
Basically
The losuit has no real justification to exist uh 就是你提出的诉讼实际上是没有什么道理的
So it's not supported by the court ts
So i could file a losit against due illu for saying breathing on me
And the judge will look at them
And says no no ts of stupid and turn out
And that's what happens to most lawsuits so technically
I can say i want to sue you
James for wearing this shirt
Right ah ah okay
But
But nobody is going to really care
Because the judge will think this is stupid
Right now you will have to get a lawyer for this
And a lawyer
You will still be able to find a lawyer to help you fill out the documents to do this
Because the lawyers going to paid they
They can
Can icget payyeah
Although that suit success or not although many lawyers will not take that
I won't take it
Because it's stupid bad for image
They don't want to be the lawyers like i take anything
They want to win lawsuits
Because winning lawsuits is better than any kind of recommendation um than anything else um
But but you can't still find perhaps bottom of the barrel lawyers
就是那种yeah but but 下去的律师
They will take anything probably so all good men so you find find lawyer ii ppose se you going
Going to fill out out the docucuments
Ah so i get a lawyer
That fill out the court documents and all those stuff will be submitted to the court
The judge
The court will review
If the lawsuit has an actual legitimate claim
Something that should be looked at further
So the court will allow it to proceed so though should get into things
I can investigate building their case yeah
But hand on a minute
But it is worth investigating or worth proceeding
That is purely the decision of the judge yeah
And the judge is going to based it off of things
Like whether they're sewing off some kind of actual illegal action
嗯
Or just suing for things
That for suing sake
Suing ssake
Basically yes
所以你提出的诉讼
首先是由这个法官他来决定说有没有理由
如果有理由才会让你继续
没有理由他就直接给你就打回去了
And but why do people sue
If they know they're suing very ridiculous reason
No
There's lots reasons most common is just personal disputes
You're having a disagreement with somebody over something yeah so like i suso yeah so like damages
But not criminal um parts of basically is another form of just arguments
And they just take it to next next leveum
I said the most probably
The most well known loss ses always against companies
Because companies have money
Companies have money
And sometimes companies do something wrong like like selling a fake product or causing damages to people and things like that so technically
If i go to a restaurant
And then i find a hair or a bug in my soup
I can soup probably not what you can
But that's most likely not going to go anywhere
Um as it's something that happens too commonly what if it's food poisoning that probably can go somewhere
Especially if there's series of food poisoning i say um
And we can also sue the government what you see in american news from time to time
And that's how some laws get changed
Wow
So there is an actual chance of winning
Then sewing the government
It's happened before um okay
So what happens that you said most of the lawsuits they're not going to go anybecause they just get thrown up
Because
Because they don't so any al lagues to stand on okay
What about the lawsuits that make a little bit more sense like you said food poisoning well most never actually go to court
They go to what's called ararbitration
哦 就是仲裁
Uh we have done as well most just going to arbitration
So basically
They all go into a meeting room
They do have a court official there they talk nicely
They because that everything is recorded they do need someone to officitiate
But it's basically going to be party a and lawyers
Party b and lawyers disgusting and negotiating behind cloudoors to come to some agreement
They civilized discussion you may not be civilized
But the decision is legally binding
嗯
就是可能会有仲裁程序
And then they could reach something here
They could reach something as like a out of court agreement
Yeah
That would be an arbititration is an out of corof of ary
So it's the same
就是庭外的一些
But it's still legally binding um
But what happens
If it actually goes to court
So bluein or not most people want to avoid this
Because if it goes to court
It's in front of a jury
So it's not the judge who desides this
It's going to be the jury
嗯
陪审团twelve people it depends honesty from jurisdiction
嗯
And you can't always judge
How that's going to go
Because they're just ordinary people
Yeah
And a trial
Even a civil trial
Which is called civil trials are expensive
And this is the thing who pays the fees all of these expensive is it
What you pay for your own lawyer
The person filing the lawsuit is going to be paying the bulk of it
You don't have to pay for the judge or anything like that you have to pay the filing fees with the court
Which are pretty standard fees
But most expensive is your lawyer with your lawyer
Yeah
And the any investigators you hire to get evidence
So i guess unless you are expecting a large sum of compensation or damages
就是除非你后面有很多的赔偿金可以拿到
Otherwise i don't suppose people will really sue
Because they could just end up paying a lot for nothing
Yes
Some
Some people acactually have am ms that we
We have
People
People that are will we calall
We like sue proof or lawsuit proof meaning that even if you win the lawsuit
They don't have any money to give you
So if you want to sue our damages
I think it's very important in any country to find out the person
You are suing that they actually have the financial ability to pay you back
Otherwise they can just say i don't have the money
You can throw me in jail
Yeah
Resesuch you cannot be thrown in jail
Because it's not
Because it's not a criminal case
It's just in civil case
It's just a holy money
And if you have no money
Well
It's nothing you can really do
So you just wait a lot of money
A lawyer
Um popoor
Yeah Okay
So that's the basics
That's the basics
Yeah
The basics before mean in the advanced episode
We are going to get more into the
More into the indepth a discussions
But before we end the basic episode
Let me ask is said very are these courtroom dramas are they also very popular in this day
Oh Yes
We have a very famous room dramas
But the most famous one is judge
Judy i've heard out a lot
I've never really watch dead
This is an older retired judge
And she has a tv show
Where she has people coming in for minor lawsuits
This we're talking five hundred dollars or less
And they agree to arbitration by judge duty
But then they show show they basically act out a courtroom scenon tv
So the real thing
Thing done one before the v oyou everything decided before the show they just basing it on the real
The show is just based on you choose this
You will be on tv
So people guess to be on tv
To be ttv
And to one up to five hundred dollars
And i guess the retired judge agree free to be on the show
Because she had had a sixty million dollars a year despite just
But she is the highest paid tv personality in america
Just we're dealing with these losses are so minor
Yeah
Five hundred dollars
Wow Okay
So if you guys have ever watched judge duty
I have never watched it
But i heard it referenced so often in tv shows
And it's a big part of in americamericpopocucuture ture
Maybe i'll check that out
So we're going to end our basic episode
Those of you who are listening to the show
If you are like me a lover of courtroom drama
Leave us a comment of what is your favorite courtroom drama show
And have you ever watched jududy
What do you think about the topic let us know
Thank you
James
For coming to the studio
Let's see you next time everyone
Bye
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