2006- National Judicial Examination- Cases. Documents. Essays 139 Examples

Author: Yuan Dengming
Publisher:
Publish Date: 2006-05-01
Features: The judicial examination since 2002 has always been thrilling, with new highlights each year, but all moving in one direction: more scientific and subjective question setting. This makes case analysis questions, essays, and legal writing questions more important, yet these are often the weak points for many candidates. Volume 4, which increasingly emphasizes subjective and theoretical assessment, is something we must all face together. As a renowned judicial examination training institution, Beijing Wan Guo School has an undeniable responsibility to help more people pass the exam successfully. Volume 4 holds a special position in the judicial examination. An analysis of scores across all volumes reveals that Volume 4 is the part where candidates score the lowest. A more concerning issue is that many candidates who score highly in the first three volumes perform poorly in Volume 4. The knowledge points tested in Volume 4 are actually consistent with those in the first three volumes, indicating that these candidates have no problem with their grasp of the material (as shown by their scores in the first three volumes). But why do they lose points in Volume 4? Through years of pre-examination tutoring, we have also found that many students lack confidence in Volume 4 and are eager to find the "tricks" to tackle it. This phenomenon prompts us to reflect: how can candidates achieve high scores in Volume 4? With the 2005 judicial examination approaching, it is necessary to provide strong support for candidates. If we can help them improve their scores in Volume 4, it will undoubtedly be decisive in their success. During the review and preparation process, the following issues should be addressed regarding Volume 4:
First, the question types. Volume 4 includes case analysis questions, legal writing questions, and essays. For traditional case analysis questions, the primary assessment method is to provide a case and ask candidates to answer several questions based on it. These questions are usually numerous and interconnected, requiring candidates to think calmly and analyze systematically. Legal writing questions and essays, on the other hand, were major changes in the Volume 4 format for 2003 and 2004. In the 2003 judicial examination, there was a legal writing correction question. The traditional approach was to provide a case and ask candidates to draft legal documents. In fact, legal writing questions had previously appeared in correction form, and their reappearance in 2003 highlighted the flexibility of judicial examination question setting. Moreover, this question was closely tied to criminal law, requiring the application of criminal law knowledge to answer. It represents the direction of legal writing question setting. Following the 2003 essay question, the 2004 exam retained and increased the weight of this type, which is worth noting. In the long run, the increased emphasis on essays is a positive development, signaling a stronger focus on assessing legal theory. It provides a reliable guarantee for selecting candidates with genuine talent, deep theoretical foundations, and strong legal language skills through the judicial examination. This requires candidates to strengthen their theoretical foundation during regular study and preparation and to engage in targeted training in this area. The 2005 revision of this book has increased the proportion of essay examples, with a total of 11 essay questions designed. We believe this will greatly help candidates grasp the question-setting logic and answer strategies for essays.
Second, the knowledge points. It must be clarified that the key points of Volume 4 are consistent with those of the first three volumes. This can be understood from two perspectives:
1. Weight distribution. Among the 14 main legal courses covered in the judicial examination, their importance varies. However, only civil and commercial law, criminal law, civil procedure law, criminal procedure law, administrative law and administrative procedure law, and international economic law can be tested in the case analysis questions of Volume 4. Except for essays, the weight distribution of these departments in Volume 4 is largely consistent with their weight distribution in the first three volumes.
2. Specific knowledge points.