弁護士の尋問

　アメリカンジョークにあったものです。
父弁護士「息子よ。法廷ではどう争うか。」
子弁護士「被告側証人を尋問で叩きます。」
父弁護士「馬鹿！まず事実を叩くんだ。」
子弁護士「事実が認定されそうだったら？」
父弁護士「証拠を叩いて事実をなかったことにする。」
子弁護士「証拠が採用されたら？」
父弁護士「法律を叩くんだ！憲法を叩いてもいい。違憲の主張は常に考えろ。」
子弁護士「それでも駄目だったら（泣顔）？」
父弁護士「決まっとる。机を叩くんだ！」
　
　これは、かなり昔にコロンビア・ロー・レビューに載った有名なジョークで、最後のオチは別として、①事実の存否を争い、②事実認定の基礎となる証拠価値（証拠能力（ｏｒ証拠の成立）・証明力）を争い、③それでもだめなら法律の効力や違憲性を争う、というのは民事刑事を問わず日米共通だと思います。

　ネタにマジレスしてはみっともないので、ネタ投稿です。o(_ _*)o

　ロックフェラー一世が、経営する石油会社のコングロマリットが独占禁止法違反で告発（日本の起訴）されたとき、当代一流の弁護士を集めて法廷対策を練り、証人尋問に備えました。そのときのやり取りでニュースフィルムに残っている有名なものです。
　連邦検事の舌鋒が鋭く、最初はよどみなく答弁していたのロックフェラー一世も、会社の経理や経営方針に至ると、証言拒絶が続いたシーンのヒトコマです。
　
検「どのようにしてこんな莫大な利益を生み出せたのか？」
ロ「弁護士のアドバイスにより証言を拒絶する（レフューズ・トゥ・アンサー）」
検「この質問に答えるのは経営者の良心に反するからではないか」
ロ「弁護士のアドバイスにより証言を拒絶する（前同）」
検「（フーっと溜息をついて）あなたは、会社がどうやってこんな莫大な利益を計上できたか、本当は知らないのではないか」
ロ「弁護士のアドバイスにより証言を拒絶する（前同）」
検「あなたはバカと違いますか？」
ロ「弁護士のアドバイスにより証言を拒絶する（前同）」
（一同爆笑。証言したロックフェラー一世も「失言」に気付いて笑いだした。）
　
　もちろん証言拒絶権を行使できるのは、証言することによって自分が有罪になる恐れがある場合に限られます。m(_ _)m

　これは、米国法医学学会で語り継がれるパーティージョークです。
　
弁護士「先生，昨日から熱があるんですよね。」
医師「どれどれ…（オデコに手を当てて手首で脈を診て）…少し熱があるね。舌を出してごらん……あぁカゼだね。帰ったらアスピリン飲んで厚着をしてマティーニを１杯ひっかけてから寝なさい。」
弁護士「ありがとうございます。」
医師「この場合でも、法的には診察料を請求できるかね？」
弁護士「もちろんです。受け合います。」
　後日、医師から弁護士に冗談で「診察料金相当額；おまかせ」と記載した請求書を送ったら、折り返し金額欄白地の小切手と別の請求書が送り返された。請求書には「法律相談料１時間以内２００ドル。ただし、今度マティーニ１杯おごってくれたら診察料相当額と合わせて相殺（チャラ）」だった。

喉に魚の骨を引っ掛けて除去してもらった患者
「有難うございました。…して、おいくらでしょうか？」
医師「さっき七転八倒してた時に払ってもいい、と思った額の半分でいいですよ」

…アメリカに多い「がめつい医師」ジョークは皆保険の日本では今一ぴんと来ませんよね、現時点では（黒藁）。

　これは法医学会の会員では、医師と弁護士の相互信頼と固い絆を唄うために、戦後すぐ作られたみたいです。だから、アスピリンやマティーニがデフォで出てくるらしいです。
　金額白地の小切手をやり取りできる強度の信頼感というオールアメリカンボーイズの古き良き時代という背景もあると思います。

う～ん、このスレはジョークのスレだったのでしょうか。
本文中のアメリカの法廷での遣り取りって、ジョークじゃなくて、弁護士さんはマジで聞き取りしているんですよね。
アメリカの法廷はジョークを交えた審理がお盛んという事なんでしょうか・・・。
ジョークの通じない人って、兎角煙たがれますし、このコメントもKYかもしれませんが・・・

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