Typical civil law dispute

Дата канвертавання21.04.2016
Памер7.47 Kb.
Typical civil law dispute:

There is a cooperative company „Alfa” established in Riga, Latvia. Members of the cooperative company pay monthly fee Ls 15 to the company and in return have rights to use 1 garage each where to store their cars. There are ~ 200 members of the cooperative company and the garage block is significantly large.

One member of the cooperative company Mr Jānis Jaunbērziņš has not paid his monthly fee for 3 years. The cooperative company has repeatedly warned him about his debt, but no actions had followed. The cooperative company asks lawyer’s advice and prepares legal claim to the court. All in all Mr Jānis Jaunbērziņš owns the company Ls 15 x 3 years x 12 months = Ls 540. In addition the cooperative company claims legal interest percent 6% per year, which make additional Ls 32,40. The lawyer assures the company that this case is strong and the company will easily win the case in a time period shorter than 1 year. The lawyer also promises all possibilities to get lawyer’s expenses from the defendant.

When Mr Jānis Jaunbērziņš receives documents from the court, he immediately submits a counter claim. Namely, he demands from the cooperative company “Alfa” Ls 2000. Mr Jānis Jaunbērziņš writes in his counter claim that the garage is in such a poor technical condition that his car is totally damaged while being in the garage. The ceiling of the garage has holes and the rainwater is dropping thru, thus even creating kind of stalactites on the ceiling. The car has grew rusty, and therefore serious repairs and paining of the car was required. All technical details and car spare parts had either grew rusty or grew mouldy while in garage. Due to poor condition of the garage Mr Jānis Jaunbērziņš had to rent another garage in the opposite side of city, which costs him Ls 30 per month.

The court will review both documents – the claim and the counter claim in the same court hearing.

Both parties believe their cases are strong and are ready to litigate whatever it takes. The lawyers are preparing for the case and convincing their clients to fight at the fullest.

Typical criminal law case:

Mr Raimonds Ritenis lives in the Old Riga. He keeps his BMW car near his apartment. One lovely Monday morning he discovers his car visibly scratched. Mr Raimonds Ritenis applies to the police office and writes an application for caused damages to the car. After consultations with the official BMW salon in Riga, he receives cost estimate around Ls 600. On the very next day the police officers catch the guilty person. She is 16 years young high school girl Linda Laiva. As the police later discovers during investigation – Linda returned home early in the morning from the club together with her friends. She bet she can dance a Harlem Shake on the car standing nearby. She didn’t knew the owner of the car. She didn’t want to cause him any damage. She just had a good time and didn’t think about possible consequences.

According to Latvian Criminal Law Article 185 (1): “For a person who commits intentional destruction of or damage to property of another, the applicable punishment is deprivation of liberty for a term not exceeding 2 years, or custodial arrest, or community service, or a penalty fine.”

Liene lives with her mother, who is the only parent in family. Liene still has to study 2 years in the high school. The family has no financial means to compensate caused damages. By the way – that night Liene danced not only on particular BMW, but also on Mercedes Benz and Lexus, which were nearby.

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