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梦想在线中国近现代史纲要
To: Guangzhou People.s Court
Plaintiff: Handcup Marketing
Domicile: No. 33, 4th Road, New York
Legal Representative: Qingguo Su
Position: Manager of Handcup Marketing
Defendant: South China Corporation
Domicile: No. 21 South Binjiang Road, Guangzhou
Legal Representative: Bai Mei
Position: Manager of the South China Corporation
CLAIMS:
1. To order the Defendant to pay to the Plaintiff 18,000,000 RMB, including 15,000,000 RMB for the dispatched products and 3,000,000 RMB for the interest.
2. To order the Defendant to pay for the court fees.
FACTS AND REASONS:
The defendant is the plaintiff.s distributor in Southern China. From September 2010 to October 2011, the plaintiff issued all kinds of products worth 15,000,000 RMB to the defendant.(see Exhibit I)
Each of the said transactions was signed and received by the defendant (see Exhibit II). Although the plaintiff had repeatedly requested, the defendant failed to pay the debt on time.
The indebtedness arising out of the transactions between the plaintiff and the defendant shall be under the legal power of Chinese laws. The defendant refused to accept mediation. The plaintiff is now facing huge economic losses (see Exhibit III). Therefore, in accordance with relevant Chinese laws and regulations, the defendant should bear corresponding civil responsibility.
According to Articles 106 and 112 in the PRC General Civil Law, Article 108 in the PRC Civil Procedural Law and other related laws and regulations, the plaintiff hereby files this case with the court for your adjudication.
Plaintiff:Handcup Marketing
Date:May 14th, 2012
ATTACHMENTS:
1. One copy of the plaintiff.s business license;
2. One copy of the original Certificate of the Legal Representative;
3. One copy of the original Power of Attorney;
4. Exhibit I: Invoices for each transaction;
5. Exhibit II: Receipts for each transaction;
6. Exhibit III: List of losses.
Handcup Marketing is suing South China Corporation of not paying for the transactions.
回答
2. Qingguo Su is a lawyer.
回答
3. The plaintiff has got well prepared before filing the lawsuit.
回答
4. The plaintiff didn.t know which laws and regulations should be applied in this case.
回答
5. The defendant owed the plaintiff RMB 15,000,000 for the dispatched products.
Alternative Legal Billing – Win Strategies
Hourly billing is the best way to be charged for legal services. About 95 percent of lawyers still perform their legal work on an hourly basis. If you want something better than the old “bill by the hour” deal, try presenting one of these billing structures.
Project billing for routine issues
If your legal needs include large but repetitive tasks, consider a flat-fee approach. Once you get a project billing estimate, don.t hesitate to shop around to compare prices and services with other law firms. A firm may provide a better deal if it expects future work from your company.
Results-oriented options
“Pay-according-to-success” is one choice. It considers fees based on the outcome of the case and the performance of your counsel. Contingency fees turn the matter into a shared risk or shared encouragement, making the law firm your business partner, not just representation.
Multi-layered tasks
If you.re shopping for a firm for actual legal work involving a number of legal specialties, consider using blended hourly fees. The firm calculates in advance an “average” rate based on the anticipated time each lawyer spends on the matter.
This arrangement helps the client to avoid paying a senior partner.s hourly rate for research that should be conducted by a junior associate.
Legal “Insurance”
The contract fee allows the client to pick up the phone and talk to the lawyer without needing to eye the clock. This approach works like a legal insurance policy. It encourages companies to contact their counsel on non-litigation, non-crisis matters, and to save money in the long run by engaging in more preventive legal action.
1.
回答
is the best way to be charged for legal services.
A. Results-oriented billing
B. Hourly billing
C. Flat-fee billing
2. A flat-fee approach
回答
.
A. is suitable for repetitive tasks
B. is useless
C. is the best choice.
3.
回答
make the law firm share your risk and encouragement.
A. Contract fees
B. Blended hourly fees
C. Contingency fees
4. Legal work involving a number of legal specialties should consider using
回答
.
A. blended hourly fees
B. insurance fees
C. hourly fees
5. You have to eye the clock when you talk to the lawyer when you choose
回答
.
A. legal “Insurance”
B. the old “bill by the hour” deal
C. a flat-fee approach
Liu Hui and Molly are discussing the issue of educational quality at a workshop.
Liu Hui: Hi, Molly. Today.s topic is educational quality. First, what does educational quality mean to you?
Molly: As far as I.m concerned, quality education means good learning standards in educational institutions. So, educational quality ensures a desirable outcome for learners.
Liu Hui: Sounds like after some serious thinking. However, many definitions of quality in education exist, testifying to the complexity and multifaceted nature of the concept.
Molly: Definitely, establishing a contextualized understanding of quality means including relevant stakeholders. Key stakeholders often hold different views and meanings of educational quality.
Liu Hui: There are many prestigious universities in the US. They all provide high-quality education. But some universities aren.t known for their quality. It.s hard to imagine the gap.
Molly: Yes, in the US the quality in higher education is quite mixed. Universities like Harvard, Yale, MIT, etc., you know, are well-known all over the world. However, there are some institutions providing poor education, so called “diploma mills”.
Liu Hui: In China, we have similar issues in educational quality. Some universities pay more attention to profits instead of quality.
Molly: How to improve educational quality is an international issue. But, solutions are grounded in values, cultures and traditions and may be specific to a given nation as well.
Molly thinks that educational quality ensures a satisfactory outcome for learners.
回答
2. Liu Hui disagrees with Molly on the meaning of education quality.
回答
3. All universities in the U.S. offer high-quality education.
回答
4. Diploma mills cannot provide high-quality education.
回答
5. In China, there isn.t any diploma mill.
Plaintiff: Handcup Marketing
Domicile: No. 33, 4th Road, New York
Legal Representative: Qingguo Su
Position: Manager of Handcup Marketing
Defendant: South China Corporation
Domicile: No. 21 South Binjiang Road, Guangzhou
Legal Representative: Bai Mei
Position: Manager of the South China Corporation
CLAIMS:
1. To order the Defendant to pay to the Plaintiff 18,000,000 RMB, including 15,000,000 RMB for the dispatched products and 3,000,000 RMB for the interest.
2. To order the Defendant to pay for the court fees.
FACTS AND REASONS:
The defendant is the plaintiff.s distributor in Southern China. From September 2010 to October 2011, the plaintiff issued all kinds of products worth 15,000,000 RMB to the defendant.(see Exhibit I)
Each of the said transactions was signed and received by the defendant (see Exhibit II). Although the plaintiff had repeatedly requested, the defendant failed to pay the debt on time.
The indebtedness arising out of the transactions between the plaintiff and the defendant shall be under the legal power of Chinese laws. The defendant refused to accept mediation. The plaintiff is now facing huge economic losses (see Exhibit III). Therefore, in accordance with relevant Chinese laws and regulations, the defendant should bear corresponding civil responsibility.
According to Articles 106 and 112 in the PRC General Civil Law, Article 108 in the PRC Civil Procedural Law and other related laws and regulations, the plaintiff hereby files this case with the court for your adjudication.
Plaintiff:Handcup Marketing
Date:May 14th, 2012
ATTACHMENTS:
1. One copy of the plaintiff.s business license;
2. One copy of the original Certificate of the Legal Representative;
3. One copy of the original Power of Attorney;
4. Exhibit I: Invoices for each transaction;
5. Exhibit II: Receipts for each transaction;
6. Exhibit III: List of losses.
Handcup Marketing is suing South China Corporation of not paying for the transactions.
回答
2. Qingguo Su is a lawyer.
回答
3. The plaintiff has got well prepared before filing the lawsuit.
回答
4. The plaintiff didn.t know which laws and regulations should be applied in this case.
回答
5. The defendant owed the plaintiff RMB 15,000,000 for the dispatched products.
Alternative Legal Billing – Win Strategies
Hourly billing is the best way to be charged for legal services. About 95 percent of lawyers still perform their legal work on an hourly basis. If you want something better than the old “bill by the hour” deal, try presenting one of these billing structures.
Project billing for routine issues
If your legal needs include large but repetitive tasks, consider a flat-fee approach. Once you get a project billing estimate, don.t hesitate to shop around to compare prices and services with other law firms. A firm may provide a better deal if it expects future work from your company.
Results-oriented options
“Pay-according-to-success” is one choice. It considers fees based on the outcome of the case and the performance of your counsel. Contingency fees turn the matter into a shared risk or shared encouragement, making the law firm your business partner, not just representation.
Multi-layered tasks
If you.re shopping for a firm for actual legal work involving a number of legal specialties, consider using blended hourly fees. The firm calculates in advance an “average” rate based on the anticipated time each lawyer spends on the matter.
This arrangement helps the client to avoid paying a senior partner.s hourly rate for research that should be conducted by a junior associate.
Legal “Insurance”
The contract fee allows the client to pick up the phone and talk to the lawyer without needing to eye the clock. This approach works like a legal insurance policy. It encourages companies to contact their counsel on non-litigation, non-crisis matters, and to save money in the long run by engaging in more preventive legal action.
1.
回答
is the best way to be charged for legal services.
A. Results-oriented billing
B. Hourly billing
C. Flat-fee billing
2. A flat-fee approach
回答
.
A. is suitable for repetitive tasks
B. is useless
C. is the best choice.
3.
回答
make the law firm share your risk and encouragement.
A. Contract fees
B. Blended hourly fees
C. Contingency fees
4. Legal work involving a number of legal specialties should consider using
回答
.
A. blended hourly fees
B. insurance fees
C. hourly fees
5. You have to eye the clock when you talk to the lawyer when you choose
回答
.
A. legal “Insurance”
B. the old “bill by the hour” deal
C. a flat-fee approach
Liu Hui and Molly are discussing the issue of educational quality at a workshop.
Liu Hui: Hi, Molly. Today.s topic is educational quality. First, what does educational quality mean to you?
Molly: As far as I.m concerned, quality education means good learning standards in educational institutions. So, educational quality ensures a desirable outcome for learners.
Liu Hui: Sounds like after some serious thinking. However, many definitions of quality in education exist, testifying to the complexity and multifaceted nature of the concept.
Molly: Definitely, establishing a contextualized understanding of quality means including relevant stakeholders. Key stakeholders often hold different views and meanings of educational quality.
Liu Hui: There are many prestigious universities in the US. They all provide high-quality education. But some universities aren.t known for their quality. It.s hard to imagine the gap.
Molly: Yes, in the US the quality in higher education is quite mixed. Universities like Harvard, Yale, MIT, etc., you know, are well-known all over the world. However, there are some institutions providing poor education, so called “diploma mills”.
Liu Hui: In China, we have similar issues in educational quality. Some universities pay more attention to profits instead of quality.
Molly: How to improve educational quality is an international issue. But, solutions are grounded in values, cultures and traditions and may be specific to a given nation as well.
Molly thinks that educational quality ensures a satisfactory outcome for learners.
回答
2. Liu Hui disagrees with Molly on the meaning of education quality.
回答
3. All universities in the U.S. offer high-quality education.
回答
4. Diploma mills cannot provide high-quality education.
回答
5. In China, there isn.t any diploma mill.