司法考試民事訴訟法口訣

1、司法考試民事訴訟法口訣First, the situation where the witness cannot appear in courtIf you can not see on the formula: heIf you go on the road, you can't go to see him.Correspondence methodIf: weak, old, weak or mobilityCatch up: pass hillock, special post cannot leaveRoad: far away, inconvenient traffic, d

2、ifficult to appear in courtNot to look at: force majeureHe: other situationsTwo, the basis of evidence can not be done aloneFormula: evidence of intelligence examinationThe surface meaning; in order to prove their intelligence and participate in the re examinationCorrespondence methodTestimony: test

3、imony of witnesses without evidence and without justified reasonsIntelligence:the testimony of a minor who does not conform tohis age or intelligenceForce: the testimony of a witness who is interested in a party or agentRe: copies and duplicates that cannot be checked with the originalsAudio visual

4、materials with questionable pointsThree, the legal situation of inversion of burden of proofFormula: Yi Nogo specially selected TributeFor the sake of her, don't move the things that are chosen as tributesCorrespondence methodDamage caused by high dangerous operationsYi, that is, medical treatme

5、nt, medical treatment caused damage to peopleDo not, that is, pollution, environmental pollution caused damageCausing damage to animals and animalsInfringement of invention patents for manufacturing methods of new productsSelection, that is, hanging, buildings and other hanging objects and other hum

6、an damageGong, that is, common, dangerous act causing damage to peopleProduct, product liabilityFour, no need to prove the factsI am from the appointed referee formula:I mean, I make referees myselfCorrespondence methodI, that is, the fact that the notary documentsNatural law and theoremRefers to th

7、e announcement, the well-known factsA fact that can be presumed by law or known factsArbitration, facts confirmed by arbitrationFacts confirmed by judgmentFive, the situation of prior executionhisFormula: please support for his fundraising worthy son-in-lawYour son in law raises money and asks the d

8、octor to fulfill obligation to support himCorrespondence methodXian: that is, to restore the production and operation of much-needed insurance claims costsHusband, that shirt, pensionRaise, pay, labor remunerationA loan for the purchase of raw materials or toolsPlease invade, stop, infringe and obst

9、ructImperial, instant, tending feeMedical and medical expensesOK, stop an action immediatelySupport and maintenanceAlimonySix. Suspension of proceedingsFormula: he can resist the law (Draft)The surface meaning: he can fight anyone favoritism trialCorrespondence methodHe: other situationsAbility: one

10、 party loses the capacity of litigation, undecided agentResisting, unable to appear in court because of irresistible reasonDeath is the death of one party, and the heir must decide whether to sue or notLaw, legal person or organization terminates, undecided rights and obligations of the receiverThe

11、trial is based on the case of trialSeven. The circumstances of summary procedure are not applicableA heavy fall inSurface meaning: not suitable for special depravityCorrespondence methodInappropriate: the court considers unsuitableRemandSpecial procedures, etc.Too many, too many parties in a joint a

12、ctionThe defendant's whereabouts are unknown when prosecutingEight. The situation that the summary procedure must be dealt with firstA man called husband brought debt tableThe husband asked the guy to get a balance sheetCorrespondence methodOld, namely labor, labor contract disputesPublic, immed

13、iate and industrial injury disputesTraffic accident disputesA partnership disputeSuccession, succession, disputeCollar, that is, neighbors, disputes of neighboring relationsMarriage, marriage and family disputesDebt, namely house, homestead disputeTable, that is, the smaller the amount of the disput

14、eNine. The statutory case that should be retried according to the applicationFormula: over the lack of punishing corruptionSurface meaning: turning over the code is not enough to punish corruption crimesCorrespondence methodNew evidence is enough to overturn the original judgmentLaw: there is a mist

15、ake in applying lawDeficiency: lack of main evidencePunishment: that is, procedure is illegalThe judges have corruption: corruption, favoritism, perverted the law behaviorTen. The suspension of execution of the judgmentFormula (1): he can expect.He can count on his auntCorrespondence methodHe: other

16、 situationsMay: the applicant indicates that the execution can be postponedMeans: the legal person or organization terminates one of the parties, the undecided rights and obligations of the receiverHope: the death of one party, the death of the other party,should wait for the heir to inherit the rig

17、hts and obligationsAunt: that is different, outsiders raised objectionsFormula (2) < > other circumstances: do not break SHENBUDon't break the surface understanding: the fall of the lane boundariesCorrespondence methodIf not, the executed person has no property to executeOne party applies

18、for the execution of arbitration, and the other party applies for revocation of arbitrationThe court accepts the debtor's bankruptcy application as the debtorDeep in that trial, the implementation of the subject is to set up the North Court or the arbitration organization of the subject matterPo

19、rt, i.e., the applicant does not submit the request for execution and is secured by the applicantEleven, the end of the implementation of the situationA sheep because the body trapped dead urnThe sheep died because the body was trapped in the urnCorrespondence methodSheep: raising, alimony, alimony,

20、 tending fee, the death of the right holderTherefore, the court considers that it should be terminatedThe applicant will cancel the applicationDifficulties, difficulties in life for the executive, no income and no labor abilityUrn, that is, the legal document was revokedDeath, death of the executed

21、person, no inheritance, execution, and no obligation to bear the personTwelve. Territorial jurisdiction is divided into several categoriesGeneral principle: originally (defendant's place)There are four kinds of supplementary provisionsFirst, the two sides were sentenced to laborOne year ago, the

22、 original landMore than one year supervisor and laborTwo is double cancellation of household registrationDefendant residence onlyThree is the double army plus one placeAt or above the regimental level unitFour divorced double away from homeMore than one year's permanent residenceException rule:

23、be original (plaintiff's place)Eight kinds of situations remember the heartOne, 22 kinds of identity litigationMissing person missingNot residing in ChinaThe three or four defendant was sentenced to deathFive is the defendant's residence pinSix is to support different placesThe seven is the

24、non militaryEight is to fill four single home (refers to the provisions of the four)Special jurisdiction for divorceDomestic jurisdiction over foreign related personsForeign country marriageForeign settlement abroadIgnore the original land (not accepted by the country of settlement)Final residence i

25、n ChinaA party within oneDomicile of one party in ChinaThe two sides have not settled outsideThe original or the quilt, the original groundThere are nine kinds of special jurisdiction There are defendants in the first seven places First, there is no agreement in the contract Plus the place of perfor

26、mance of the contract Two is the bill dispute lawsuit Plus the place where the bill is paidThree is insurance contract litigationThe place where the insurance object is locatedFour is the contract of carriage (breach)Place of origin or destinationFive is tort actionIn addition to the place of tortSi

27、x is the transport accident (tort)First arrival or place of occurrenceThe seven is collision and average actionFirst come, take place, detain placeThe eight is the salvage actionArrive first or rescue place (refer to the first place of the rescued ship)Nine general average actionThe first, the last,

28、 the finalContract disputes can be agreedTo be, be, be, be, be, be, beExclusive jurisdiction is not the port, the successor (real estate, port operations, heritage)Remember, it's easyThirteen, special prescription of civil actionFour years, five years, two years, twenty years of life insurance.

29、Meaning decomposition:A wound is not rent send refers to during the 136th general principles of civil law, the limitation of action for the four cases a year (a) claims for compensation for bodily injuries;(two) the sale of substandard goods without statement; (three) deferred payment or refusal to

30、pay rent; (four) check property was lost or damaged.Two effective futures general limitation for two years.The meaning of "three ring pollution" is that the limitation of action for environmental pollution damage compensation claims is three years.In four years, there are two cases of inte

31、rnational trade in goods and disputes over the transfer of international technology. The limitation of action is four years.Five years life insurance refers to the insurance law of the second paragraph of article twenty-seventh "life insurance the insured or the beneficiary of the insurance cla

32、im insurance rights, since the five years not to know the insurance accident happened, and disappearance of the situation.Twenty it can introduce the 137th general principles of civil law "the limitation of action from knows or should know that his rights have been infringed upon. However, the

33、people's court does not protect the rights from the date of infringement of rights for more than twenty years. In the case of special circumstances, the people's court may extend the limitation period of action."Fourteen. Litigants of civil litigation- litigantThe scope of the parties i

34、s wide, and the citizens should be themselves.A legal person has its representative, and other organizations are responsible for it;Other organizations can not, regardless of the sole proprietorship or partnership, or enterprises and groups, as long as the registration has a certificate, run a monk

35、and temple.In the legal person branch, the status is divided into 369 parts:The establishment of a license according to law, independent litigation is not discussed;If not established by law, or set up without license,Who sets up a legal person for whom to work hard for?.Insurance bank branches, out

36、 of things themselves resistance.If you want to be a private person, you should look for a collective enterprise,In the nameo f his business, mess up a rope. (a rope grasshopper)The lawsuit has not already died, suspended by inheritance,Continue to bear the lawsuit, the namec an be retroactive.(thea

37、ction being carried out is valid for the successor)Individual industrial and commercial contract farming, partnership organizations to hire people,Employers do harm to production without fear of employers.Individual industrial and commercial registration, your name names,Don't forget to fill in

38、the name when you enter the court to hand over the documents;Are you actually looking for someone else or a joint action person?.There are several individual partners, but also to joint litigation,The civil law is different, you can never remember;Choose a representative, no problem, unanimously pas

39、sed the election book.Do you want to send to fraudulent use of legal persons and organizations,I have to say sorry, direct responsibility is you.Merger separation is normal, afraid of disputes before,Two in one hours later, when common.Stamp contract letter ofintroduction, bank account borrowed,Easy

40、 to borrow, difficult to happen, you and I together to bear.The guarantor and the insured can be carefully divided:The sole prosecution of the guarantor is not related to the contract,The guarantor is delighted, but also to inform you the court;Prosecution of the insured alone, one person accused wi

41、thout involvement;Howc an the co defendant be prosecuted if he is sued together?.If the legal person is not liquidated, the liquidation organization should be looked for first,I finally failed, you undo your defendant.The world knows that children and grandchildren are good, only legacy can not be f

42、orgotten,Part of the prosecution is against the plaintiff, even thoughyou and the defendant are good,Tell you to come, you do not come, or commonfo r the plaintiff?,They do not inherit from the quiet.Joint action is inevitable if the agent is jointly and severally liable.The joint property is infrin

43、ged and partly prosecuted.Fifteen, the civil litigation jurisdiction ofmnemonic rhymesWhen a lawsuit occurs, the defendant shall not be consulted until he has found the defendant's domicile. Although the residence is small, there are many problems:Citizens with residence, if inconsistent, regula

44、r residence;All non urban households, the defendant's residence. Move out, not settled, regular residence; this also does not have, and how to do? Less than a year, the original location of the family, more than one year, the residence to the tube;In the prison squat, the defendant originally li

45、ved, closed for one year, which squatting to which tube?;The main camp of the legal person, the host site also.The partnership and joint venture offices lost, registration, dare you can't escape; the blind, the few, home to the court to engage in income generating tube.Under special circumstance

46、s, take care of the plaintiff. The plaintiff's right of abode is justified:A green card is not important for a defendant to live abroad;The defendant is missing;One party is not free, reeducation through labor and imprisonment;Recourse alimony, children's jurisdiction.Divorce is easy. Who ca

47、res?:One is a soldier or not a civilian, the plaintiff's domicile;The two sides for the soldiers, the defendant has his domicile, regimental units;If one party has left his residence for more than one year, if he is to sue him, the plaintiff's domicile shall be located. Both sides should fir

48、st look at the defendant, regular residence; poor is not fixed, as long as the prosecution, the plaintiff domicile;Domestic marriage, settled country, marriage, final residence;Abroad to marry, settle down the country ignore, one side of the original residence, the last residence;One side goes abroa

49、d, one side stays behind, no matter who prosecuted, domestic domicile place;Both in foreign countries, they are not settled, the plaintiff and defendant, the original domicile.contractDisputes arise from the contract: the place where the defendant lives and the place where the contract is executed;I

50、f the actual performance fails, the two parties cannot agree to the place where the defendant lives;Determination of the place of performance of contractYou buy me to sell the agreed delivery, is to perform; door-to-door delivery, delivery of goods; their delivery, delivery performance; consignment,

51、 shipment; the actual performance, the performance of the contract.Processing and contract, agreed by the agreed; no agreed place, processing behavior place.Lease and financing are agreed upon according to agreement; there is no place for lease.Trade should be compensated, accepted by investors, the

52、 main obligation,Place of performance of contract.The insurance contract is many, the reason is very simple, the defendant's place, the insurance target place.The goods in transit, the object of the tool, the place of registration of the tool, the destination of transportation, the place where t

53、he accident happened, and the place where the defendant lives.Rail transport water hanglian, origin and destination of transportation, the defendant's domicile; maritime transport, port and transport.If there is a dispute on the bill, if the jurisdiction is decided? Where the bill is payable, the domicile of the defendant, the place of payment