论点:Duress


被告拒不提供前雇员的人事档案,而只有拿到这些人事档案才有可能找到其他性骚扰的受害者。Harvey在法庭上最后是用什么理由迫使对方交出档案的,你看懂吗?

对,是Duress。Harvey的论点是:对方公司进行的性骚扰调查是在受胁迫的情况下完成的,因为调查员和每个当事人都听命于CEO,也就是性骚扰案的调查对象,所以这种调查是不可能有任何结果的。据此,法官要求被告交出档案。


庭审词汇:

  • subpoena 传票
  • motion 动议
  • dismiss 撤销
  • hearing 听证会
  • assertion 主张
  • argument 论点
  • precedent 先例
  • Devlin McGreggor is fighting the subpoena. 这里指对传票(文件传唤)提出异议
  • They filed a motion to dismiss the case based on our lack of evidence. 提出动议要求撤销此案;证据不足
  • There’s a hearing on my subpoena. 对我申请的传票有个听证会。
  • under duress 受胁迫
  • Your honor 法官阁下
  • by the book 按章办事
  • this case should be thrown out. 拒绝受理(案件)
  • one piece of evidence 一项证据
  • right to privacy 隐私权
  • belittling 轻视的;小看的
  • carry weight 有意义;有影响
  • answer to 听命于
  • stenographer 速记员
  • false pretenses 虚假的借口;以莫须有的理由
  • in chambers 法官办公室

句型词汇:

  • They don’t want to hand over the files. You pressed where it hurt. You’re looking in the right place. 他们不想交出文件,你戳到了他们的痛处,说明找对了位置
  • you make a move, they make a move. You go back and forth until one of you wins. 你走一步,对方跟着走一步。你要不断迂回,直至获胜。
  • I’m all over it. 我正在办;implying that something is under control or taken care of. 类似于I’m on it.
  • Research is as much art as science 调研既是门科学,也是门艺术
  • I’m not one to forget a favor. 我不是个忘恩的人
  • Hi. Where are you at with the research for tomorrow’s hearing? 明天的听证会研究到哪一步了?
  • I wouldn’t trust you as far as I could throw you. 仅凭对你的了解,我还不能相信你 – not trust (someone) as far as (one) can throw (them) To be very suspicious of someone; to not trust or believe someone.

Punchline:

HARVEY: Please. They don’t give a rat’s ass about his employees’ right to privacy. Sorry, that’s actually unfair to rats’ asses. 得了吧,他们对员工隐私权的关心程度还不及一颗老鼠屎。不好意思,这么说对老鼠屎很不公平。

Harvey的辩论技巧

本集细节/语言点


下集细节/语言点


    看SUITS学法律英语

    Suits是一部比较专业律政剧,虽然剧中经常出现夸张的情节,但是从法律语言学习的角度,绝对是值得反复学习的素材,前提是能够看懂剧中包含的大量律师专用表述、并购交易词汇、诉讼庭审词汇等。



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    4 responses to “论点:Duress”

    1. admin Avatar
      admin

      Um, Devlin McGreggor is fighting the subpoena. They filed a motion to dismiss the case based on our lack of evidence.
      – Good.
      Good… Wait. What do you mean “good”?
      They don’t want to hand over the files. You pressed where it hurt. You’re looking in the right place. Did you think they wouldn’t fight back?
      Well, I… Now that you mention it.
      Oh. My bad. I keep forgetting you don’t actually know anything. (LAUGHS MOCKINGLY) The idea is you make a move, they make a move. You go back and forth until one of you wins.
      Okay. What if they win the motion and the case gets dismissed?
      Then you’re not as good as you think you are.
      Harvey! What a coincidence. I was wondering how the pro bono was coming.
      – I’m all over it.
      – That makes me very happy. Because if I were to find out that you weren’t putting in your full effort, – I would be very upset.
      – No worries. We’re all good.
      Rachel. Rachel, Rachel, Rachel. I need your help. There’s a hearing on my subpoena.
      I’ve got three cases in front of yours. You’re going to have to wait in line.
      Wait. No. No, no, no. My hearing is tomorrow.
      So, why are you coming to me?
      Because Donna says you’re the best researcher in the firm.
      Hmm. Let me see the motion.
      Whoa. Whoa, whoa, whoa, whoa. You have an office? How do you have an office and I have a cubicle?
      Like you said, I’m the best researcher in the firm.
      Really? Well, I just made that up. I didn’t even have time to talk to Donna.
      Is this all a joke to you? Because I take my job seriously.
      No, I’m… I’m sorry. Look, I was… Look, you weren’t there. Okay? I care about this woman. She’s got nowhere else to turn and…
      And you can’t help her by yourself.
      I can. I just prefer not to.
      Okay. You’re asking to look at private files without any evidence of your assertion.
      Yeah. But the only way that we can find the evidence is to look at those files.
      That’s a rickety argument.
      But is there precedent?
      Let’s go see if we can find one. Research is as much art as science. So, we’re going to look at privacy and harassment law. See if we can find a combination of cases to make an argument. I’ll take privacy.
      I’ll take harassment law.
      This will take a while.
      We’re going to need dinner. Chinese.
      No. I can afford Chinese on my own.
      – This is on the firm. I want sushi. – Ooh.
      (LAUGHING) Remember when I said you thought you were too smart – to be a paralegal? –
      Mmm-hmm.
      – Why…
      – Aren’t I a lawyer?
      I don’t test well.
      – What?
      – I… I’m smart. And I know I’d be a good lawyer. I just… I don’t know what it is. I can’t take tests. And I bombed the LSATs. And even if I could get into a law school, there’s just no way I’d pass the bar. So, if only there were someone who could take the tests for me.
      Yeah, if only there were.
      Yeah.
      Mike, where are you at with the research for tomorrow’s hearing?
      Uh, nothing yet.
      You say you care about the client, but if you keep playing footsie instead of finding me an argument, the client’s going to lose. I don’t want to lose.
      Look, it’s no use, okay? Their investigation is by the book. We look like the bad guys coming in, putting them under duress.
      What did you just say?
      I said we look like the bad guys.
      No. You said they did it by the book, and we’re putting them under duress.
      Yeah? Look. Hmm.
      This is good. We’re going to have some fun.
      We? I get to go?
      You didn’t think I would let you come along?
      – No.
      – Good instinct. I wasn’t. But then, I thought it would be cruel not to let you witness my greatness.
      Okay. Can I go get my bag?
      No.
      – You’re a true giver.
      – Other side.
      Okay.
      Your Honor, this case should be thrown out. Other than her story, the plaintiff doesn’t have one piece of evidence.
      Because the evidence lies within their personnel files, which they’re conveniently refusing to hand over.
      Those files contain sensitive information. He’s fishing at the expense of our employees’ right to privacy.
      Please. He doesn’t give a rat’s ass about his employees’ right to privacy. Sorry. That’s actually unfair to rats’ asses.
      Your Honor, Mr. Specter’s claim that we don’t care about our employees, though belittling, doesn’t carry any weight as a rule of law.
      True. But what does carry weight is that an investigation of sexual harassment must be conducted without any duress.
      Your point?
      The investigator and every person being interviewed answers to the CEO they’re investigating. That is the definition of duress. It would be as if your bailiff accused you of sexual harassment, and you assigned your stenographer to investigate. Now, how likely would it be that this investigation yielded any fruit?
      You honestly think I would harass Herman?
      Well, I don’t know, Your Honor. Some people have a thing for the uniform.
      Uh, I’d like to think Herman would come to me before it even got to an investigation.
      I saw that. That should be stricken.
      But what if Herman did come to you, Your Honor? And you betrayed his trust by firing him under false pretenses?
      You really think that little of me? I wouldn’t trust you as far as I can throw you, Your Honor.
      – Hand over the files.
      – Oh, my…
      Today. (BANGS GAVEL) That’s it. Herman? I’d like to speak to you in chambers.
      That was awesome.
      It was your argument. I just framed it in a way that humanized the situation and brightened all of our afternoons.
      I feel like Michael Corleone in that scene where that fat guy teaches him how to shoot that gun.
      Are you saying that I’m the fat guy? Because I’m not the fat guy.
      Mmm. Do you know what his name was?
      – Yeah. – Cardoza.
      – Clemenza.
      – I knew that. I was just testing to see if you knew it. I knew that you knew that I knew.

    2. admin Avatar
      admin

      Um, Devlin McGreggor is fighting the subpoena. They filed a motion to dismiss the case based on our lack of evidence.
      – Good.
      Good… Wait. What do you mean “good”?
      They don’t want to hand over the files. You pressed where it hurt. You’re looking in the right place. Did you think they wouldn’t fight back?
      Well, I… Now that you mention it.
      Oh. My bad. I keep forgetting you don’t actually know anything. (LAUGHS MOCKINGLY) The idea is you make a move, they make a move. You go back and forth until one of you wins.
      Okay. What if they win the motion and the case gets dismissed?
      Then you’re not as good as you think you are.
      Harvey! What a coincidence. I was wondering how the pro bono was coming.
      – I’m all over it.
      – That makes me very happy. Because if I were to find out that you weren’t putting in your full effort, – I would be very upset.
      – No worries. We’re all good.
      Rachel. Rachel, Rachel, Rachel. I need your help. There’s a hearing on my subpoena.
      I’ve got three cases in front of yours. You’re going to have to wait in line.
      Wait. No. No, no, no. My hearing is tomorrow.
      So, why are you coming to me?
      Because Donna says you’re the best researcher in the firm.
      Hmm. Let me see the motion.
      Whoa. Whoa, whoa, whoa, whoa. You have an office? How do you have an office and I have a cubicle?
      Like you said, I’m the best researcher in the firm.
      Really? Well, I just made that up. I didn’t even have time to talk to Donna.
      Is this all a joke to you? Because I take my job seriously.
      No, I’m… I’m sorry. Look, I was… Look, you weren’t there. Okay? I care about this woman. She’s got nowhere else to turn and…
      And you can’t help her by yourself.
      I can. I just prefer not to.
      Okay. You’re asking to look at private files without any evidence of your assertion.
      Yeah. But the only way that we can find the evidence is to look at those files.
      That’s a rickety argument.
      But is there precedent?
      Let’s go see if we can find one. Research is as much art as science. So, we’re going to look at privacy and harassment law. See if we can find a combination of cases to make an argument. I’ll take privacy.
      I’ll take harassment law.
      This will take a while.
      We’re going to need dinner. Chinese.
      No. I can afford Chinese on my own.
      – This is on the firm. I want sushi. – Ooh.
      (LAUGHING) Remember when I said you thought you were too smart – to be a paralegal? –
      Mmm-hmm.
      – Why…
      – Aren’t I a lawyer?
      I don’t test well.
      – What?
      – I… I’m smart. And I know I’d be a good lawyer. I just… I don’t know what it is. I can’t take tests. And I bombed the LSATs. And even if I could get into a law school, there’s just no way I’d pass the bar. So, if only there were someone who could take the tests for me.
      Yeah, if only there were.
      Yeah.
      Mike, where are you at with the research for tomorrow’s hearing?
      Uh, nothing yet.
      You say you care about the client, but if you keep playing footsie instead of finding me an argument, the client’s going to lose. I don’t want to lose.
      Look, it’s no use, okay? Their investigation is by the book. We look like the bad guys coming in, putting them under duress.
      What did you just say?
      I said we look like the bad guys.
      No. You said they did it by the book, and we’re putting them under duress.
      Yeah? Look. Hmm.
      This is good. We’re going to have some fun.
      We? I get to go?
      You didn’t think I would let you come along?
      – No.
      – Good instinct. I wasn’t. But then, I thought it would be cruel not to let you witness my greatness.
      Okay. Can I go get my bag?
      No.
      – You’re a true giver.
      – Other side.
      Okay.
      Your Honor, this case should be thrown out. Other than her story, the plaintiff doesn’t have one piece of evidence.
      Because the evidence lies within their personnel files, which they’re conveniently refusing to hand over.
      Those files contain sensitive information. He’s fishing at the expense of our employees’ right to privacy.
      Please. He doesn’t give a rat’s ass about his employees’ right to privacy. Sorry. That’s actually unfair to rats’ asses.
      Your Honor, Mr. Specter’s claim that we don’t care about our employees, though belittling, doesn’t carry any weight as a rule of law.
      True. But what does carry weight is that an investigation of sexual harassment must be conducted without any duress.
      Your point?
      The investigator and every person being interviewed answers to the CEO they’re investigating. That is the definition of duress. It would be as if your bailiff accused you of sexual harassment, and you assigned your stenographer to investigate. Now, how likely would it be that this investigation yielded any fruit?
      You honestly think I would harass Herman?
      Well, I don’t know, Your Honor. Some people have a thing for the uniform.
      Uh, I’d like to think Herman would come to me before it even got to an investigation.
      I saw that. That should be stricken.
      But what if Herman did come to you, Your Honor? And you betrayed his trust by firing him under false pretenses?
      You really think that little of me? I wouldn’t trust you as far as I can throw you, Your Honor.
      – Hand over the files.
      – Oh, my…
      Today. (BANGS GAVEL) That’s it. Herman? I’d like to speak to you in chambers.
      That was awesome.
      It was your argument. I just framed it in a way that humanized the situation and brightened all of our afternoons.
      I feel like Michael Corleone in that scene where that fat guy teaches him how to shoot that gun.
      Are you saying that I’m the fat guy? Because I’m not the fat guy.
      Mmm. Do you know what his name was?
      – Yeah. – Cardoza.
      – Clemenza.
      – I knew that. I was just testing to see if you knew it. I knew that you knew that I knew.

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