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Terms used by lawyers when litigating
Legal analysis:
The procedure for litigating a lawsuit is: 1. Prosecution. It is usually a written complaint with a clear defendant, specific claims, facts and reasons. 2. Acceptance. After review, the court deemed that the legal conditions were met and decided to file the case. 3. Preparation before trial. A summons is sent to the defendant, the defendant files a statement of defense, the two parties exchange evidence, and the court allows mediation on its own. 4. Open court. Trial preparation, court investigation, court debate, review and sentencing. Article 39 of the "Civil Procedure Law" Trial Organization of First Instance When the People's Court hears civil cases of first instance, a collegial panel is composed of judges and jurors or a collegial panel is composed of judges. The number of members of the collegial panel must be an odd number. Civil cases subject to summary procedures shall be heard by one judge alone. Jurors have the same rights and obligations as judges when performing jury duties. Legal basis:
"Interpretations of the Supreme People's Court on Several Issues Concerning the Application of Law in the Trial of Copyright Civil Dispute Cases" Article 26 of the Copyright Law, Article 49, Paragraph 1, of the payment for stopping infringement Reasonable expenses include the reasonable expenses incurred by the right holder or its authorized agent to investigate and collect evidence on the infringement. The people's court may, based on the parties' litigation claims and specific case circumstances, calculate attorney's fees that comply with the provisions of relevant state departments into the scope of compensation.
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