Bar Exam Case Study Breakthrough Tutorial: Commercial Law

Author: Zhang Haijiang
Publisher:
Publish Date: 2006-03-01
Features: The Three Major Legal Principles and the Three Major Civil Procedure Laws hold an absolute dominant position in the judicial examination, accounting for 70% to 80% of the total score. If you can master these "Six Giants," victory is within reach. These "Six Giants" are foundational and central to the entire legal system, which is why the difficulty of the questions continues to rise, making them the "climbing zone" of the judicial examination. Many candidates feel that even after reviewing the material multiple times, they still struggle to solve problems, primarily because they fail to grasp the key content of the exam points. So, how can one overcome the "climbing zone" of the judicial examination? In fact, many candidates lack the insightful guidance that can unlock their understanding. It is precisely this key guidance that can help candidates suddenly realize the exam points, break through their limits, and smoothly pass the "climbing zone." To this end, we have specifically assembled a group of rising stars in the judicial examination training market, who are active in major judicial examination training schools in Beijing. With their accumulated training experience, they have devoted themselves to creating this series of books, with the hope of benefiting candidates in understanding, memorizing, and applying the law, and helping them successfully pass the judicial examination.
(1) The Structure of This Book
1. [Basic Theory]: Selects important exam points, summarizes basic theories, and highlights key knowledge that needs to be memorized. The "Common Mistake Tips" in this section point out the easily confused and error-prone knowledge points of this exam point, allowing candidates to feel as if they are in a classroom and suddenly understand.
2. [Case Studies for Breakthrough]: Practice is a necessary path to passing the judicial examination, especially case studies, which break the limitations of simple memorization and cultivate candidates' ability to use legal provisions and theories to solve practical problems. This section selects typical cases, focusing on exam points related to easily confused knowledge points, such as special and exceptional provisions of basic theories involved in this exam point, thinking blind spots that candidates in the judicial examination may overlook, and easily mistaken or confused knowledge points demonstrated through horizontal comparisons, etc. This strengthens candidates' in-depth understanding and application of relevant knowledge, as well as trains their problem-solving approach.
3. [Key Strategies for Breakthrough]: Targeting the common bottlenecks faced by most candidates in judicial examination training, this section briefly summarizes and summarizes aspects such as easily confused and error-prone areas, how to memorize, and how to distinguish, deepening candidates' memory and understanding of key, difficult, and questionable points.
(2) Tips for Preparing for the Judicial Examination
1. Emphasize the role of case studies. Preparing for the judicial examination, or learning anything, revolves around solving three problems: understanding, memorization, and application. Understanding is the prerequisite, memorization is the key, and application is the goal. Law is not for reading or studying but for use. As a qualification exam for legal professions, the judicial examination primarily tests candidates' ability to apply legal norms to specific cases rather than deep legal theories. This is reflected in the exam questions: there are no definitions, no short-answer questions, and 80% of the questions are small case studies. Therefore, the author believes that the key to success in the judicial examination lies in whether candidates can apply the legal knowledge they understand and memorize to specific contexts. Case studies can connect legal norms with legal norms, legal norms with specific facts (specific contexts), and in this process of weaving connections, candidates can not only cultivate their legal logical thinking but also integrate scattered legal knowledge into a whole, ultimately solving the problem of applying legal knowledge. Therefore, in the judicial examination where purely memorization-based questions are decreasing and small case studies are increasing, candidates should recognize the importance of case studies. While memorizing legal provisions and basic theories, they should flexibly apply the knowledge learned in cases, breaking free from the of not being able to solve problems after reviewing the material multiple times.
2. Use "sea of questions" strategy cautiously. Some candidates fall into the misconception that the "sea of questions" strategy can guarantee success, leading them to buy all kinds of reference books at all costs, hoping to pass the exam through comprehensive practice. As a result, they can only skim through each reference book, and they may not even have time to do so, spending a lot of time and money with little return. In fact, "no matter how much it changes, it remains the same." Regardless of how the question types of past judicial examinations change, their content is rooted in the textbooks. Therefore, the first step is to grasp the textbooks to stay on the right track. The role of exercises is to help candidates identify their weak points, consolidate their memory, and promote their understanding of the knowledge. Therefore, our suggestion is: In addition to textbooks, focus on one or a set of reference books that suit you, thoroughly understand every knowledge point, and in the later stages of review, analyze and study the true questions to grasp the question-setting logic and exam points, which play an indispensable role in the exam.
3. Avoid being overly attached to controversial issues. Currently, there are countless judicial examination coaching books on the market, and various coaching classes are springing up like mushrooms after rain, providing candidates with powerful tools for exam preparation. However, attentive candidates will notice that different books may offer different answers to the same question, and different coaching teachers may hold different views on certain exam points, causing great confusion for candidates. Some candidates are therefore unsure how to deal with such issues. To this end, our suggestion is: On one hand, controversial exam points are often not the focus of the judicial examination, so never be overly attached to individual issues to the point of affecting your overall review efficiency. On the other hand, regarding the exam itself, for controversial issues, prioritize the syllabus and the latest textbooks compiled and edited by the Ministry of Justice Examination Center. Thoroughly reading and absorbing the syllabus and textbooks is the key to winning the exam.
4. Weigh the pros and cons of giving up. The judicial examination is indeed an "art of giving up," and candidates should understand the balance between "giving up" and "choosing" to achieve the greatest return with the least investment. However, in practice, giving up is easy, but mastering the art of giving up is difficult! Some candidates simply give up some minor subjects, often resulting in not getting the easiest scores while still failing to achieve their desired scores, ultimately failing to pass the exam. To this end, our suggestion is: First, clarify the direction of "giving up." Giving up is not about simply abandoning things but about reasonably allocating time and focusing on key and difficult points. Second, when our level of "giving up" is not yet at the "artistic" level, then remember this: The basic is always important, and the most basic is always the most important! The best preparation for tomorrow is doing your best today. We sincerely wish all candidates who read this book to pass the judicial examination successfully!
Editors
March 2006