What is the theme of the case analysis of notarization and lawyer system? Can you tell me the format of the case analysis? I really appreciate it．

1. Xiao Wang is an employee of a state-owned enterprise. Due to the needs of the company's business development, we are going to send it abroad for further study. In July 2002, Xiao Wang passed the examination for overseas students sent by the relevant state departments, and his unit also obtained the index of studying in Guan Gong. Xiao Wang signed the Agreement on Studying Abroad with the company, and his unit submitted relevant application materials. Later, Xiao Wang received a notice from the relevant departments asking him to notarize the study abroad agreement before going through the relevant examination and approval procedures. Xiao Wang believes that notarization is an act of personal disposition of rights by citizens, and the procedures are troublesome, so he thinks that the relevant departments deliberately make things difficult for themselves. Q: Is it correct to analyze the requirements of relevant departments according to the Provisional Regulations on Notarization?

A: (1) The requirements of relevant departments are correct. (2) "The principle of combining voluntary notarization with statutory notarization" is the basic principle of the notarization system stipulated in the Provisional Regulations on Notarization. (3) The parties' application for notarization is to dispose of their civil rights, and no organ or organization has the right to interfere. (4) However, the matters that must be notarized according to laws, regulations and administrative rules must be handled by the parties concerned, and the matters are valid. (5) According to the regulations of relevant state departments (Ministry of Education and Ministry of Justice), the study abroad agreement must be notarized, otherwise it will be invalid.

2. Notary Wang and lawyer Jiang are husband and wife. In the case of Wu property inheritance, Mr. Jiang was entrusted as an agent ad litem, and at the same time, he applied to the notary office where notary Wang was located for evidence preservation notarization. Q: Should the notary Wang handle the notarization according to law? Why?

A: Notary Wang should not handle notarization affairs according to law and should withdraw. According to the provisions of Article 4 of the Rules of Notarization Procedure, if a notary has other relations with the parties to the notarization, which may affect the correct certification, he shall withdraw. In this case, Wang and Jiang are husband and wife, and lawyer Jiang is Wu's agent. Because of the special relationship between Jiang and Wang, there is an interest between Wang and Wu, which may affect the correct application for heritage, and Wang should avoid it.

Li lives in a city. On 2001March 2 1 day, Li went to a city notary office to apply for notarization of his will. The will says: after his death, he is willing to transfer two of his five houses in B to his son-in-law, Wang. After examination and verification, the Municipal Notary Office produced and issued a notarial certificate according to law. Q: Is the notarial certificate issued by the Notary Office of City A valid? Why?

A: The notarial certificate issued by the Notary Office of City A is valid. According to the provisions of the Notarization Law, a party applying for notarization involving entrustment, declaration, gift, will, etc. of real estate may submit it to the notary office of his domicile, habitual residence, place of behavior or place where the fact occurred. In this case, although the real estate (that is, two houses) is in City B, Li applied for notarization of the will, which is in line with the scope of the above-mentioned laws. Therefore, the notarial certificate produced and issued by the notary office of A City according to law is valid.

4. Case: Li, who lives in City A, has a son who lives in City 8. Li wants to live in the same city with his son and his family after retirement and take care of each other. Now Li has taken a fancy to a set of publicly sold commercial houses in B city, and wants to buy and intend to notarize the sales contract of the house. Q: (1) Which city should Li go to for notarization? (2) Li Can entrusted his son to handle notarization procedures on his behalf? (3) What supporting materials does Li need to provide?

A: (1) Li wants to apply to the notary offices in eight cities for notarization. China's "Notary Law" stipulates that the notarization business involving real estate shall be accepted by the notary office where the real estate is located. (2) Yes. Article 26 of China's Notarization Law stipulates: "Natural persons, legal persons or other organizations may entrust others to notarize, except that the will, survival and adoption relations should be notarized by themselves." The notarization in this topic is the notarization of the house sales contract, so Li Can entrusted his son to handle the notarization procedures on his behalf. (3) Identity certificate, power of attorney, house sales contract, etc.

Zhao was born in Nanjing and studied in Shanghai. After graduating from college, he worked in a company in Shanghai. At present, he is sent to work in Canada by the company. Now he needs to provide birth notarization because of immigration procedures. Q: (1) Which city should Zhao go to for notarization? (2) What documents and materials does Zhao need to provide?

A: (1) Shanghai. (2) the applicant's identity document. A birth certificate issued by a midwifery hospital, or a certificate letter issued by the neighborhood (village) committee where the applicant's household registration is located.

The office of the notary office is located in an apartment building. A applies to the notary office for notarization, and the deposit target is 6,543,800 yuan in cash. After the acceptance, the bank will close immediately after work. The accountant in the notary office felt that time was too late, so he put the deposit in the safe. That night, because other tenants living in the building accidentally caused a fire, the deposit was lost. Q: Who should be responsible for the loss of 6.5438+0 million yuan?

A: It should be handled by the notary office. According to the second paragraph of Article 27 of the Rules for Notarization of Deposit: "During the deposit period, the risk liability of damage or loss of the deposit shall be borne by the trustee, but if the damage or loss is caused by the fault of the notary office, the notary office shall be liable for compensation." For large cash, the notary office shall not keep it, but shall deposit it in the bank. If the notary office is at fault, it shall be liable for compensation.

7. Li is the general manager of Company B. When Company C negotiates trade business with Company C, Company C is required to provide a certificate that Company B's working capital is not less than 1 10,000 yuan and the company is in good operating condition. At this time, Company B actually has no working capital, resulting in losses. In order to make this business, get goods worth one million yuan, and then change hands to make money, Li found his good friend Wang, who is a notary in a notary office. When Wang issued a notarial certificate for Li, he trusted Li's introduction and issued a legal person credit notarization for him without strictly reviewing the materials, which proved that the working capital of Company B was not less than 6,543.8+0,000 yuan, and the company was in good operating condition. Company C signed a sales contract with Company B on the basis of notarial certificate, and business dealings occurred. However, after receiving the goods and reselling them, Company B was forced by the court to return the overdue bank loan. Due to insolvency, Company B went bankrupt, which led to the inability to recover the payment of Company C. Q: Is Notary Office A responsible for the loss of Company C? Please provide a justification for the answer.

A: There is liability for compensation. The constituent elements of notarization civil liability are: the notary has wrong behavior; It is illegal; The interested party in the notarization matter has harmful consequences; The fault of the notary is bound to be related to the damage consequences of the interested parties.

On August 5, 2000, Zhou Tong intended to transfer a computer and pay 4000 yuan. The two sides concluded a sales contract and notarized it. Later, during the performance of the contract, the two sides had a dispute. According to the application of both parties, the notary office mediated their dispute. After mediation, Zhou and signed a new sales contract, stipulating that Zhou would deliver the computer before May 1, and the price would be 3,500 yuan. The notary office notarizes the new sales contract. Later, he fulfilled his obligations according to the contract, but he didn't pay the computer money until May 30, 200 1 year, and applied to the notary office for compulsory execution with a new notarial certificate. Q: In this case, someone applied to the notary office for compulsory execution with a new notarial certificate? What is the reason?

A: Wu Mou cannot apply to the notary office for compulsory execution with the new notarial certificate. In this case, after notarization and mediation, although the new sales contract between Zhou and Zhou belongs to the creditor's rights document for paying certain goods, there is no agreement in the contract that the debtor should enforce it when he fails to perform his debts. At the same time, notarization mediation is different from people's court mediation, and the result of notarization mediation has no mandatory effect. Therefore, Wu Mou cannot apply for enforcement. In addition, the creditor can directly apply to the people's court for enforcement of the notarization that gives the creditor's rights document enforcement effect, but it is obviously incorrect for Wu Mou to apply to the notary office for enforcement in this case.

9. Ding was born in Nanjing. After graduating from college, he worked in Wuxi for 2 years and his household registration was in Wuxi. Later, he moved to America for many years. Now in the United States, if you want to marry someone else, you need to provide an unmarried notarization document. Q: (1) Ding Can entrusted domestic relatives and friends to handle notarization on its behalf? (2) Where did Ding apply for notarization?

Answer: (1) If there are no notarized certification matters closely related to natural persons, such as wills, bequests and maintenance agreements, gifts, claims of parent-child relationship, dissolution of adoption relationship, living conditions, entrustment, statements, guarantees, etc., according to the provisions of Article 1 1 of the Rules of Notarization Procedure, the parties concerned or their legal representatives shall apply in person. Therefore, unmarried notarization should be handled by Ding himself. (2) D shall apply to Wuxi Notary Office for notarization.

10. Sun Jia went to the notary office and claimed: "Sun and I are half brothers and sisters. Brother 10 died a month ago, and I took care of the funeral. He left a deposit of 20 thousand yuan, please help me with the notarization of inheritance rights. " The cadres of the neighborhood committee who accompanied Sun Jia confirmed this situation. After investigation, Sun Yi was born to his father and concubine Wang, and his mother died when he was 3 years old. His father and Chen Mou (his father's wife) raised him and provided him with schooling until he worked. His father died in 1986, and Chen Mou is still alive and lives in S city. Sun is unmarried and has no other relatives. Q: If you are a notary in this case, how did you handle this notarization?

Answer: (1) According to the inheritance law, spouse, children and parents are the first heirs; Brothers and sisters, grandparents and grandparents are the second heirs. When there is an heir in the first order, the successor in the second order does not inherit. (2) Although Chen Mou is not Sun's biological mother, she and her grandson * * * raised Sun until they joined the work, which has formed an adoption relationship. (3) According to the interpretation of the Supreme Court, in a polygamous family formed in the old society, if a child forms a dependency relationship with a spouse other than the biological mother, they have the right of mutual inheritance. Therefore, Chen Mou enjoys the right of inheritance. Should be the first heir. (4) Sun Jia, the notary applicant, is the second heir. If Chen Mou were alive, there would be no legacy; The notary shall inform Sun Jia to withdraw the notarization application or not to notarize it; Notify Chen Mou to notarize the right of inheritance and inherit Sun's estate.

1 1. A food company in a province and a city signed a contract with a honeysuckle factory in a city in 8 provinces to purchase and sell honeysuckle 10 tons. The next day, both parties went to the notary office to apply for notarization of the contract. Q: What should the notary office pay attention to when handling this notarization?

A: The notary office should focus on the following contents: (1) Review the subject qualification, civil rights capacity and behavioral capacity of both parties to the sales contract; (2) Examining whether the expressions of will of both parties to the sales contract are true, voluntary and consistent; (three) to examine whether the contents of the sales contract are true and legal, and whether the terms of the contract are clear and perfect; (4) Review the performance ability of both parties to the sales contract, that is, whether the supplier's supply and the buyer's payment funds agreed in the contract have been implemented.

12. In April 2002, Zhang issued an IOU to borrow from Lu150,000 yuan for business activities, and the loan period was 3 months. The two sides agreed that if Zhang fails to repay the loan on time, he should pay a penalty of 20% of the loan amount to Lu. In July 2002, near the repayment date, Lu asked Zhang whether he could repay the loan on time. Zhang asked for a few days' grace, but Lu insisted on refusing and said that he must return it on time. On the due repayment date, Lu cut off all contact information after learning that Zhang had raised money to repay the arrears, with the intention of causing the fact that Zhang failed to repay on time, so that Zhang could bear the liquidated damages as agreed in the contract. Q: What notarization method does Zhang Can adopt according to law to avoid bearing liquidated damages? What is the effect of this notarization?

A: (1) Apply for notarization to the notary office in the land of residence. (2) The effect of notarization in escrow: from the date of escrow, it is deemed that the debtor has fulfilled the obligation to pay, which has legal consequences for debt settlement.

13. A cannery in Nanjing signed a purchase and sale contract with a dried and fresh fruit company in Yantai to buy 200 boxes of red Fuji apples. As stipulated in the contract, any dispute between the two parties during the performance of the contract shall be submitted to the Municipal Arbitration Commission for arbitration. During the performance of the contract, a cannery in Nanjing refused to pay for the goods on the grounds that the quality of the goods did not conform to the contract, which caused a dispute. The legal representative of a dried and fresh fruit company in Yantai came to the law firm and asked the lawyer of the firm to file an arbitration application on his behalf. Q: (1) Can Qian accept the entrustment? (2) What does lawyer Qian need to review when accepting entrustment? (3) What preparations should lawyer Qian make before arbitration?

A: (1) Yes. This is a contract dispute and belongs to the lawyer's business scope. A law firm should sign an agency contract with a dried and fresh fruit company in Yantai, but it should try its best to meet the requirements of the parties for the appointment of lawyers. (2) Examining the qualifications of the parties, the existence of the arbitration agreement, the arbitration claim and the facts and reasons on which it is based, and the limitation of arbitration. (3)① Investigate and collect evidence, and make a list of evidence; (2) Drafting an application for arbitration; ③ Consider whether it is necessary to apply for property and evidence preservation; (4) Help the client to determine the arbitrator.

14. The suspect Chimou was arrested by the public security organ on suspicion of robbery. Chi then entrusted his classmate Li to come forward and entrusted lawyer Zhao of XX Law Firm as a defender for Chi. When meeting Chi, Mr. Zhao asked him if he was involved in the robbery. He denied that he had committed a crime. Lawyer Zhao also asked if Chi's personal rights were violated after his arrest. At the same time, Chimou also consulted Mr. Zhao. The investigator Wang is the cousin of the victim. Can he apply for withdrawal? The investigator asks questions irrelevant to the case, whether he has the right to refuse to answer, and so on. Before leaving, lawyer Zhao said to Chi: "Don't worry, the lawyer's responsibility as a defender is to safeguard the legitimate rights and interests of the defendant according to his statement. As long as you tell me the truth, I will be able to defend you successfully. " In addition, lawyer Zhao also told Chi that his brother-in-law works in the procuratorate and can take proper care of him during the review and prosecution stage. Question: (1) Can Chi entrust a classmate to entrust a lawyer to provide him with legal help? (2) Is it legal for Mr. Zhao to ask him questions late in the meeting? (3) Does Chi have the right to seek legal advice from lawyer Zhao? Is the content of the consultation legal? (4) Can lawyer Zhao's statement protect the legitimate rights and interests of the defendant? (5) What do you think of lawyer Zhao's practice of promoting his brother-in-law Chi to work in the procuratorate?

A: (1) Yes. A law firm may accept the entrustment of a criminal suspect, defendant or his legal representative, relative or the person entrusted by him. (2) legal. When meeting with a criminal suspect, a lawyer can ask him whether and how he participated in the suspected case, allow him to plead not guilty, and at the same time know whether his personal rights have been violated. (3) having rights; Legal. Lawyers can provide suspects with the withdrawal of investigators; Refusing to answer the legal advice of irrelevant questions put forward by investigators. (4) Lawyer Zhao should protect his legitimate rights and interests on the basis of facts and laws, not on the basis of the statements of the parties. (5) His behavior violates the professional ethics and disciplinary norms of lawyers. Lawyers should not publicize their relations with law enforcement agencies and related law enforcement personnel with jurisdiction, nor can they take advantage of this relationship.

/kloc-Li Yin, 0/5.32 years old, was put on file for investigation by the public security organs. After the investigation by the public security organ, the case will be transferred to the procuratorate for review and prosecution. In the process of examination, the procuratorial organ found that the suspect Li did not entrust a defender, so it appointed a lawyer of a law firm Zhang as Li's defender. Li also agreed that Mr. Zhang would act as his defender and went through the entrustment procedures. Q: (1) Do procuratorial organs have the right to appoint defenders? (2) What should Zhang, the defense lawyer of the suspect Li, do in the prosecution stage? (3) What are the situations that need to appoint a defender? In this case, under what circumstances can Li be appointed as a defender?

A: (1) Procuratorial organs have no right to appoint defenders, and lawyers can only be appointed as defense lawyers at the trial stage, and only by the national judicial organs, that is, the people's courts. (2) The work to be done includes: ① consulting, extracting and copying litigation documents and technical appraisal materials; ② Meeting with the criminal suspect in custody; ③ Investigation and evidence collection; (4) put forward defense opinions; ⑤ If the non-prosecutor Li refuses to accept the case that the people's procuratorate does not prosecute, he may appeal to the people's procuratorate on his behalf. (3) There are three situations in which the people's court needs to appoint a defense lawyer for the defendant: ① In a case where the public prosecutor appears in court for public prosecution, the defendant fails to entrust a defender due to financial difficulties or other reasons; (2) The defendant is blind, deaf, dumb or a minor and has not entrusted a defender; The defendant may be sentenced to death without a lawyer. In this case, the people's procuratorate prosecuted according to law, and the people's court found that Li Yin was in financial difficulties or did not entrust a defender for other reasons in the process of reviewing the case file. When the people's procuratorate appeared in court for public prosecution, the people's court may appoint a defender for him.

16. Lawyer Ding was employed as the perennial legal adviser of Company A and Company B for one year and signed a contract. During the performance of the contract, there was a dispute between Company A and Company B, and the mediation by Lawyer Ding failed for many times. Appeal to the court; The company asked Mr. Ding to participate in the lawsuit as his agent, but Mr. Ding refused. After a company lost the case, it believed that Ding refused to represent the case, which led to the company losing the case, failed to fulfill the obligation of legal counsel, and violated the employment contract of legal counsel, and should bear legal responsibility, so he appealed to the court to ask Ding to refund the legal counsel fee and compensate the economic loss of losing the case. Q: If you were lawyer Ding, how would you respond to the lawsuit?

Answer: (1) Lawyer Ding is not the defendant in this case, and one party to the employment contract of legal counsel is a law firm, not a consultant lawyer; Even if it should be liable for compensation, it should be borne by the law firm. (2) Lawyer Ding's refusal to act as an agent conforms to Article 34 of the Lawyers Law and the relevant provisions of the Ministry of Justice, and should not bear legal responsibility. (3) Laws and regulations are more effective than contract terms and cannot be used to determine breach of contract. (4) Company A loses the case due to its own behavior, and the consequences shall be borne by Company A..

17. Zhang is the former president of an intermediate people's court. After leaving office in 2004, he was employed by a law firm. In 2005, Mr. Zhang represented Qian Qian, the suspect in the murder case. In order to ensure the success rate of the case, Zhang, as the former president of the Intermediate People's Court, privately met with Lin, the presiding judge of this case, and asked Lin to give extra care to his client when hearing the case. Lin verbally promised, but during the trial, he still tried according to law, without favoritism. Try to analyze the case.

A: (1) Zhang acted as a criminal defense lawyer for criminal suspects within two years after leaving office, which violated the obligation of a lawyer who used to be a judge and a prosecutor. He was not allowed to act as an agent ad litem or a defender within two years after leaving office. After leaving the court or procuratorate, judges or prosecutors, as practicing lawyers, often use their original work and personnel relations to influence the handling of cases, which is the case. (2) China's procedural law, arbitration law and related rules all stipulate that relevant judicial personnel and arbitration tribunal shall not meet the parties or their attorneys in private. As the defense lawyer of the criminal suspect, Zhang used his original status as the president of the Intermediate People's Court to meet with the presiding judge Lin privately, which violated the obligation of lawyers not to meet with judges, prosecutors and arbitrators in violation of regulations. (3) China's laws stipulate that when a lawyer meets a judge, prosecutor or arbitrator in violation of regulations, the other party may apply for judicial (arbitration) personnel to withdraw. Therefore, the victim of the money murder case in this case can apply for the withdrawal of the judge Lin in this case to safeguard his rights. In this case, Lin did not show favoritism in the trial according to law, which did not affect the victim's right to apply for withdrawal.

18. In an economic dispute case, the lawyer acted as the defendant's agent ad litem. When reading the newspaper, he saw the appraisal certificate of a certain mechanical equipment issued by the asset appraisal agency of the other guarantor, and thought that the price was too low, which was extremely unfavorable to his client, so he tore up the appraisal certificate from the file while no one was paying attention. Then through the acquaintance relationship, find the relevant departments to re-evaluate the machinery and equipment, and re-make the appraisal certificate according to the pattern and specifications of the original certificate. When we went to the court to look at the paper again, we posted the re-made appraisal book in the original place. It was later discovered by a judge. In order to cover up the truth, the lawyer instructed his client to send 1000 yuan to the judge, but the judge refused. Lawyers also asked acquaintances to intercede with the president of the court, and sent expensive cigarettes and alcohol worth more than 2,000 yuan, which was also rejected. In order to avoid punishment, the lawyer terminated the entrustment relationship with the client and prepared to be transferred from the lawyer team. Q: (1) What provisions of the Lawyers Law have lawyers violated? (2) According to the provisions of the Lawyers Law, what punishment should lawyers receive?

A: (1)① The Lawyers Law requires lawyers not to use such means as distorting facts, misinterpreting laws, forging evidence, etc. to obstruct or interfere with the judicial organs in hearing cases. In this case, the lawyer's practice of destroying and forging evidence violated the Lawyers Law. (2) The Lawyers Law requires lawyers not to pay bribes to judges, nor to instigate or induce clients to pay bribes. In this case, the lawyer first instructed the client to pay bribes, then let the client intercede and pay bribes in person, which violated the lawyer law. (two) according to the "lawyer law" article forty-fifth of the first paragraph (two) and (three) provisions, revoke the lawyer's practice certificate.