Non-regular court

Abstract

To solve the problem of unnecessarily increasing the number of lawsuits because parties to a civil dispute who are hesitating whether to go to trial or stay out of it often make a bad decision making due to lack of information regardless of needing information from a fair and neutral standpoint regarding "expected judgment" and "probability of winning" in the case of filing a lawsuit in order to go comprehensively judge "cost, period, reputation" and "effect, benefit, satisfaction".SOLUTION: A faire and neutral non-profit organization provides a service for hearing contents heard from both or either of parties of various civil troubles, simply and quickly preparing and issuing judgement paperwork, and predicting a probability of winning a lawsuit together, (NRC: NOn Regular Court).SELECTED DRAWING: Figure 1

Description

[Technical field]

[0001] The present invention relates to non-regular courts (private courts) that provide adjudication services, rather than advice or guidance, to parties in civil disputes for the purpose of resolving the disputes. [Background technology]

[0002] Traditionally, the separation of powers between the judicial, legislative, and executive branches was an established system as the prototype of a modern nation, and no matter how much privatization has progressed in a nation, the courts, central bank, parliament, military, and police are the last lifelines that cannot be privatized and are the nation itself. Therefore, no one has ever imagined the idea of ​​a court run by a private company in a nation governed by the rule of law. This is quite natural. However, if a court whose decisions have no legal force whatsoever would have no impact on the governing structure of a nation, the question arises as to what purpose the court has in its existence, where decisions are merely pieces of paper, whether in victory or defeat. For example, let's say there is a student who wants to enter University A. The student takes a mock exam at a cram school that is as difficult as University A's regular entrance exam questions. The pass mark is 70 points, but the student receives a score of 85, giving him a 90% chance of passing. Because this report card is just a piece of paper, even if he submits it to University A, he will not be admitted. However, it has value as a reference material that strengthens his resolve to take the exam for University A. Alternatively, let's say the student receives a score of 55, giving him a 60% chance of passing. Because this report card is just a piece of paper, it does not mean that he has been rejected by University A. However, it has value as a reference material that strengthens his resolve to give up on taking the exam for University A and take the exam for University B instead. The parties in civil disputes often hesitate as to whether they should go to court or not. At this time, the first thing that comes to mind is "the chances of winning," and the second is the psychological balance between "cost, time, and reputation" and "effect, benefit, and satisfaction." Therefore, if the ``expected verdict'' and ``probability of winning'' could be obtained if a lawsuit were to be filed, it would be of great help in making appropriate judgments and decisions, making the institution a provider of a service that is highly beneficial to the public. Currently (the first quarter of the 21st century), ADR (Alternative Dispute Resolution) organizations that provide arbitration, mediation, and mediation services have been established in various fields of civil disputes, and are working to avoid lawsuits by promoting settlements and reconciliation. However, there are no ADRs that attempt to resolve disputes by issuing judgments. [Prior art documents] [Patent documents]

[0003] Summary of the Invention [Problem to be solved by the invention]

[0004] This had the following drawbacks: When ordinary citizens become involved in civil disputes and have legal problems, the best person to consult is a lawyer. However, there are two drawbacks to consulting a lawyer. First, law firms overwhelmingly do not display their specialties. Clinics state that they specialize in internal medicine, orthopedics, dermatology, obstetrics and gynecology, otolaryngology, ophthalmology, psychiatry, etc., but law firms do not state that they specialize in financial troubles, traffic accidents, divorce and inheritance, labor, real estate, fraudulent business law, corporations, etc. As a result, it is common to encounter lawyers who are completely unspecialized. Even if you consult with a lawyer who is not a specialist, you will only receive advice on broad and shallow general knowledge and textbook-like principles, and will not receive advice on individual cases, precedents, or deep strategic methodologies. Even gods, who are beings far beyond human beings, clearly state their specialties, such as the god of learning, the god of matchmaking, the god of prosperous business, the god of recovery from illness, and the god of long-lasting military fortune, etc., so it is not very desirable from the perspective of public welfare for a human being who is more imperfect than god to attract customers by being all-powerful. Second, the opinions of the plaintiff's lawyer and the defendant's lawyer often differ. Rather than differing, it would be more appropriate to say that they are polar opposites. Both opinions are the opinions of lawyers who are legal experts, but the plaintiff must make a decision based solely on the one-sided opinion of the plaintiff's lawyer. Roughly speaking, the judge's opinion is the middle opinion, calculated by adding together the opinions of the plaintiff's and defendant's lawyers and dividing it by two, and this is generally the correct opinion. When ordinary citizens are involved in civil disputes and have legal problems, they can turn to alternative dispute resolution (ADR) organizations to seek advice from people other than lawyers. However, there are two drawbacks to consulting with ADR organizations. First, ADR practitioners work on the principle that amicable settlement through negotiations contributes to a reduction in the number of court cases, rather than forcing a court case to settle. This is not a flaw, but rather a wonderful sense of mission worthy of respect. However, the value of "settlement is wonderful because it avoids the burden of costs, time, and reputation, and does not require the troublesome procedures of a court case" is one kind of justice. However, the value of "fighting in court to obtain a clear satisfaction in your heart, sticking to your beliefs no matter how difficult it is, rather than letting the unreasonable and absurd treatment you have received be incomplete with unwilling compromise" is also one kind of justice. Which is right or wrong should not be decided by a third party. However, ADR practitioners, due to the nature of the organization, will do their best to recommend the former justice. Those who emphasize the latter justice will not be hired from the beginning as unqualified. This is a flaw in the system. Second, ADR practitioners are lawyers and paralegals who have a deep knowledge of the law. Far from being a drawback, it is a prerequisite that the person you are consulting with is a legal expert. The problem is that there is a large gap between the legal profession and the general public in terms of how the law is interpreted. For example, exchanging pachinko balls for cash is prohibited by the Anti-Gambling Law. Legal professionals argue that exchanging pachinko balls for prizes and then exchanging the prizes for cash is legitimate. The Anti-Prostitution Law prohibits men and women from trading physical relations for money. Legal professionals argue that an unspecified number (street prostitutes) is illegal, but a specific person (mistress) is legitimate. Running a brothel is a crime of managed prostitution. Legal professionals argue that a transaction in which a customer and a masseuse have a free love affair in a private room and have a physical relationship, and the customer pays the store a special bath fee instead of a prostitution fee, is legitimate. A nation that is prohibited from having an army by its constitution cannot have an army. Legal professionals argue that it is constitutional if the name is changed, just like when monks in the past, who were prohibited from drinking alcohol by their precepts, renamed it Hannya-yu and drank it. Such simple questions from ordinary people are not common sense in the legal world. The Supreme Court's opinion is always correct and the public has no room for doubt, but professional judges lack common sense, which is why countries around the world have introduced the jury system. Perhaps the 22nd century legal textbooks will describe the errors in legal interpretations of the past. This is the same as the progress we are making today, when we legally interpret colonialism and slavery as unjust. In this way, the gap between the sensibilities of legal professionals and ordinary people is such that there is an undeniable tendency to get caught up in the minor details of whether a settlement or reconciliation proposal is legally appropriate and legitimate, and to overlook the essence of dispute resolution, which is that the psychological satisfaction that the parties can receive from an ordinary person's perspective is more important than legal interpretation. The present invention has been made to eliminate the above-mentioned drawbacks. [Means for solving the problem]

[0005] What parties involved in various civil disputes want to know most is whether they should go to court or refrain from doing so. If they do file a lawsuit, is there a chance of winning? What are the chances of this happening? And what kind of verdict can be expected to be handed down? A fair and neutral third-party organization will interview either or both parties involved in various civil disputes, and, assuming that all of the parties' claims are true and provable, will omit evidence verification and fact-finding, and will replace the content of the hearing with a statement. In light of the legal elements, the degree of fault of both parties, and past cases and precedents, the organization will promptly prepare and issue a judgment, and also display the probability of winning. Informal courts do not mention the pros and cons of settlement or litigation, and instead convey the facts as they are, objectively and dispassionately, without any bias, intention or speculation that might lead to a specific outcome. The parties can use the judgment as a reference and guide to decide their own course of action in the future. The present invention is an irregular court having the above-mentioned configuration. Effect of the Invention

[0006] (1) When the parties in a civil dispute are unsure whether they should go to court or not, they can find out in advance what kind of judgment will be handed down and what their chances of success are if they were to file a lawsuit in a regular court. (2) We do not engage in arbitration, mediation, or settlements through mediation, and instead provide judgments from a fair and neutral standpoint, which enables us to make correct judgments and decisions. (3) Because the judgment of a non-regular court has no legal force, even if it is presented to the other party, there are always cases where it is laughed at and the case ends there. On the other hand, there are always cases where the other party, who is presented with the judgment content and a high probability of winning, prepares for defeat and takes steps to avoid litigation. (4) Whether or not to file a complaint can be decided with full understanding and consent, and without hesitation. This means that you will have no regrets and will feel a sense of satisfaction and accomplishment, regardless of the outcome. (5) If the parties have a high chance of winning, they will go to court, and if the chances are low, they will refrain from going to court. If the odds are even, they will choose to settle. This will reduce misjudgments such as unwillingly settling cases that should have gone to court, or forcing through unnecessary trials in cases that should have been settled. (6) It will help to focus lawsuits on only legitimate cases, thereby backing up the purpose of ADR, which is to prevent cases from going to court in the first place. (7) As a result, in addition to the regular judicial system and the general ADR system, the non-regular courts will diversify and expand / enhance options for dispute resolution, thereby contributing to the lives of the people and public welfare. [Brief description of the drawings]

[0007] [Figure 1] FIG. 1 is an explanatory diagram (one example) of an embodiment of the present invention. DETAILED DESCRIPTION OF THE PREFERRED EMBODIMENTS

[0008] Hereinafter, an embodiment of the present invention will be described. The parties in a civil dispute will file charges when it is appropriate to go to court, refrain from filing charges when it is appropriate to avoid court, and agree to settle when it is appropriate to settle. The agency provides information to make such decisions. Therefore, in any case, the agency will not advise parties to go to court, nor will it advise parties to settle. This is because it is a decision that the parties themselves should make, and the advice should not include bias based on the advisor's position or intentions. Informal courts should be run by non-profit organizations such as NPOs as a part of their social service, free of charge in principle. They are made up of lawyers, paralegals, or people with specialized knowledge. Their greatest feature is that they go beyond the scope of traditional ADR and "issue judgments." These judgments do not have any legal force. A fair and neutral third-party organization will interview either or both parties involved in various civil disputes, and, assuming that all of the parties' claims are true and provable, will omit evidence verification and fact-finding, and will replace the content of the hearing with a statement. In light of the legal elements, the degree of fault of both parties, and past cases and precedents, the organization will promptly prepare and issue a judgment, and also display the probability of winning. Judgments are prepared in good faith with the due care of a professional, but no responsibility is assumed even if they are completely different from a regular court ruling in the future. For example, if a company obtains weather forecast information from a private weather forecasting company to plan employee outings or sports days, as long as the forecast is made in good faith, no responsibility will be incurred even if the forecast is incorrect. Similarly, no responsibility will be incurred if an accident occurs at a construction site where a Shinto priest has held a safety prayer ceremony. Non-regular courts are located in conveniently located tenant buildings all over the country, and are open until relatively late so that you can easily drop in on your way home from work. You fill out the necessary information at the reception desk, meet with a staff member, and explain the details of your dispute. If necessary, a question and answer session will be held, a record will be prepared, and depending on the details of the case, a judgment will be sent the next day or two to three days later. This judgment is prepared with the expected verdict in mind if the case were filed in a regular court. A numerical forecast of your chances of success will also be provided. In the weather industry, sunny days were once indicated with a circle or a smiley face, while rain or snow was indicated with a cross or a disappointment. However, for those involved in agriculture and ski resorts, rain and snow are considered blessings, so the uniform public image has been corrected, and now sunny days are indicated with a sun, rain with an umbrella, and snow with a snowman. In the automobile industry, the slogan "Road safety is everyone's wish" has long been used. In theory, it will not be corrected in the future. However, the owner of an automobile repair shop should not want to see a decrease in property damage accidents that do not result in death or injury. In the near future, when safety measures are dramatically improved due to the advancement of AI technology, the necessity and raison d'être of insurance will become weak, and non-life insurance companies should feel a sense of crisis about the appropriateness of rates, that is, changes in the profit structure of companies. Similarly, in the legal profession, lawyers have a vested interest in their clients through retainer fees and success fees, so when they expect a chance of winning, they are biased to exaggerate their chances of success as a sales effort to win the order. On the other hand, ADR institutions aim to avoid litigation, so their explanations focus on the disadvantages of litigation and the advantages of settlement, and they are biased in understating the odds of success. Both of these explanations are biased from the truth, leading to amateur consultants making judgments and decisions based on inauthentic information. This is a social issue that needs to be corrected. Currently, the only fair and neutral institution that does not arbitrarily guide the client in any direction is the court. However, the court is a difficult place to enter. You cannot just go to the court and say, "I've finished work today, so I'll leave work early, do some shopping in the basement of the department store, and then I'll go to the seventh floor and take my case." Basically, the only professions that are allowed to receive remuneration for providing legal advice to the general public are lawyers and judicial scriveners, and in a broader sense, tax accountants and others are also included. ADR agency staff do not necessarily have legal qualifications, but they are allowed to do so because they do not receive remuneration. Therefore, even if non-regular courts are run by private entities, they must be non-profit organizations such as NPOs, associations, or foundations. Courts are the sole authority of a nation to issue decisions, just as central banks are the sole authority of a nation to issue currency. It is prohibited for anyone other than a central bank to issue currency as it is a serious crime. However, many toy manufacturers sell products that resemble currency. This is allowed because they have no binding power. In the same way, even if a pseudo-court institution issues a ruling on a civil dispute, if that ruling has no binding power, it is no different from a toy. Judgements are handed down on a daily basis in all aspects of people's lives. For example, a father may order one of siblings to apologize after a fight at home, or a mother may order a child who has put off doing their homework to be denied TV viewing privileges. A teacher may order a delinquent student to change his or her hairstyle, clothing, or style at school. A boss may fine an employee who is late to work. A private parking lot may display a fine for unauthorized parking. Although fines are an official legal term, judgments are handed down privately. While there are such happy judgments, antisocial forces may also operate illegal ADR (so-called settlement brokers). Furthermore, in trials within antisocial forces' organizations, death sentences are sometimes handed down. The ideal way to resolve any dispute is, first, to discuss rationally, acknowledge each other's faults, and seek a solution through honest compromise. Second, to involve experts in the discussions to seek advice and guidance. Third, to leave the decision to the court. If a court verdict prediction service were used in this process, just like using a weather forecast service, the vector would work in the direction of promoting amicable resolution, which would reduce unnecessary litigation overall and be beneficial to society. In the beginning, non-regular courts will have human staff create optimal judgments based on their knowledge and experience, but as the times progress, the proportion of AI (artificial intelligence) involved will increase. AI will perfectly memorize all laws, including the six basic laws, without making a single mistake, word for word. The same goes for all precedents and court records. If this big data is combined with chat GPT and a learning program, optimized judgments can be created instantly. The output will be printed from a printer. In the near future, voice will be output from androids. Androids will be equipped with robes and curly wigs. The interior of the rooms will also be elaborate. As they evolve further, androids will become more diverse. As a marketing technique, King Enma is the most suitable and will become a staple. Even in the 22nd century, judges in regular courts will probably still be human. They will not be replaced by AI or robots. However, for simple and routine legal procedures, face-to-face questioning and pleas will be simplified and automated. In other words, they will be replaced by robot judges. For example, in a program for creating judgments for traffic accidents, the options to be input into the format are: the perpetrator was not unlicensed; was not drinking; duty to provide assistance was fulfilled; speeding 40km / h; unable to make the turn and resulting in contact; the pedestrian was walking on the sidewalk; two weeks to recover, no aftereffects; victim's income, medical expenses, compensation for time off work, and compensation; normal remorse and apology; normal feelings of punishment... By clicking on these options in sequence, the judgment is automatically created. For cases with less complex content, the same applies to any field, such as money lending, divorce, inheritance, labor, or real estate. When we predict the global trend of the judicial system in the 22nd century, trials will be broadly divided into complex cases and simple cases, with the former being carefully examined by humans and the latter being mechanically handled by AI, and so on. At this time, simple and large volumes of minor cases will be separated from general courts and outsourced or subcontracted to specialized institutions. These institutions are public interest corporations established by law and managed by the state. Strictly speaking, these institutions are non-regular courts, but because their judgments are binding, they are not covered by this invention. The judgment of the non-regular court of the present invention is prepared with a concept different from that of the regular court. The biggest feature is that it is "simple, clear, and easy to understand" rather than "accurate, strict, and difficult to understand". And it is issued "quickly". The parties involved do not need to be identified in the judgment. The names, addresses, and telephone numbers of the plaintiff and defendant are not listed. If necessary, the person seeking advice (the person who came to the counter) may be listed as the plaintiff for convenience. However, when presenting the judgment to the other party in the dispute, if the other party wishes to be identified for presentation reasons, this will be done. The judgment does not need to indicate the date, time, place, or proper names of the people involved. The date and time may be stated only when the statute of limitations is relevant. The judgment will state the justification of the defendant and the justification of the plaintiff separately. This will allow the plaintiff to recognize his / her own faults and objective evaluation, and the defendant to recognize his / her own incompetence and objective evaluation. Judgments are written in a literary style to maintain authority, but considering that they are issued to ordinary people and not to legal professionals, they emphasize the common sense of the people, avoid difficult expressions as much as possible, and write in simple expressions, with some colloquial and conversational language mixed in. In particular, they incorporate examples and current issues shared by the whole society from a multifaceted perspective, making them understandable and convincing to the common people. The judgment does not include costs of litigation, interest on the maturity date, a declaration of provisional execution, or other incidental elements. The legitimacy of the plaintiff will result in the plaintiff's added points and the defendant's demerits, and the legitimacy of the defendant will result in the defendant's added points and the plaintiff's demerits. For example, in sports competitions, the results of ball games and speed events are obvious at a glance, but events judged solely by judges can be judged mechanically if there is a detailed manual. In particular, sports such as martial arts, where one-point wins (KO wins) and decision wins coexist, resemble the judicial environment of a future society where regular and irregular courts coexist. Using the detailed manual (or program in the case of AI) described above, the "probability of winning" in a regular trial is calculated in conjunction with the verdict and provided as a reference indicator.

Claims

1. A non-regular court (NRC) is a non-profit organization aimed at resolving various types of civil disputes. Unlike general ADR (alternative dispute resolution), it does not conduct settlements, reconciliations, arbitrations, mediations, or mediations, and does not provide advice or guidance to the parties to a dispute even if they are hesitant about whether to go to court or not. Instead, it applies, interprets, and judges the law within the scope of the content of the interviews with one or both parties from a fair and neutral standpoint, isolated from any intentions, and in light of past cases and precedents, specialized staff or AI (artificial intelligence) issues a simple and quick provisional judgment that does not have the binding power of a regular court (Regular Court) and is simply intended to serve as a reference or indicator. It provides a service that outputs the judgment in written or audio form, or both. This is a non-regular court (NRC) characterized by having a function.

2. 2. The non-regular court according to claim 1, further comprising a function for providing a service that quantifies and displays the probability of success if a lawsuit is filed in a regular court.

3. The non-regular courts of claims 1 and 2 are characterized in that they are provided with a function of inputting text or voice into an AI (artificial intelligence) equipped with a cloud server CPU, multiple information memory devices, and a function for automatically creating optimized judgments, and then processing the data using a document generation language model, GPT, a learning program, and application software, via multiple terminals installed at area users (support centers staffed with legally qualified persons or specialized staff) and a CIG network consisting of an IP-VPN formed on the Internet, to carry out business operations.

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