Civil Procedure Law: Case Breakthrough Tutorial for the Judicial Examination

Author: Compiled by the Legal Examination Center Group
Publisher:
Publish Date: 2006-03-01
Features: The three major substantive laws and the three major procedural 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 almost within reach. These "six giants" occupy a fundamental and core position in the entire legal system. Therefore, the difficulty of the questions continues to rise, making them the "climbing zone" of the judicial examination. Many candidates feel that after reviewing the material multiple times, they still cannot solve the problems, mainly because they fail to grasp the key content of the examination points. So, how can one break through the "climbing zone" of the judicial examination? In fact, many candidates lack the insightful guidance that can illuminate the key points. It is precisely this crucial guidance that can help candidates suddenly realize the examination points, break through their own limits, and smoothly pass the "climbing zone." To this end, we have specifically organized a group of rising stars in the judicial examination training market who are active in major judicial examination training schools in Beijing. Using their accumulated training experience, they have devoted themselves to creating this series of books, with the aim of benefiting candidates in understanding, memorizing, and applying the law, and helping them smoothly pass the judicial examination.
(1) The Structure of This Book
1. [Basic Theory]: Selects important examination points, summarizes basic theories, and highlights key knowledge points that need to be memorized. The "Hint for Common Mistakes" in this section points out the easily confused and incorrect knowledge points of this examination 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 related and easily confused knowledge points, such as special and exceptional provisions of basic theories involved in this examination point, thinking blind spots that candidates in the judicial examination may overlook, and easily mistaken or confused knowledge points reflected 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 incorrect points, how to memorize, and how to distinguish, deepening candidates' memory and understanding of key, difficult, and doubtful points.
(2) Suggestions for Preparing for the Judicial Examination
1. Emphasize the role of case studies. Preparing for the judicial examination, or learning anything, revolves around three issues: 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 using. As a qualification examination for legal professions, the judicial examination primarily assesses the ability to apply legal norms to specific cases rather than profound legal theories. This is reflected in the examination questions: there are no definitions, no short-answer questions, and 80% of the questions are small cases. 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 connection, they can not only cultivate legal logical thinking but also integrate scattered legal knowledge into a whole, ultimately solving the problem of legal knowledge application. Therefore, in the judicial examination where purely memorization-based questions are decreasing and small case questions are gradually increasing, candidates should recognize the importance of case studies. While memorizing and understanding legal provisions and basic theories, they should flexibly apply the learned knowledge in cases, breaking free from the of not being able to solve problems after multiple reviews.
2. Use "ocean of questions" strategy cautiously. Some candidates fall into the misconception that the "ocean of questions" strategy can guarantee success, leading them to buy all kinds of reference books at all costs, hoping to pass the examination through comprehensive practice. As a result, they can only skim through each reference book, and may not even have time to review them, 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 determine the direction. The role of exercises is to help candidates identify their weak points, consolidate their memory, and promote their understanding of 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 stage of review, analyze and study the true questions to grasp the question-setting logic and examination points, which play an indispensable role in the examination.
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 preparation. However, attentive candidates will notice that different books may offer different answers to the same question, and different coaches may hold different views on certain examination 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 examination points are often not the focus of the judicial examination, so never be overly attached to individual issues, as this will affect the efficiency of your overall review. On the other hand, regarding the examination itself, for controversial issues, prioritize the syllabus and the latest textbooks compiled and edited by the Ministry of Justice Examination Center. Thoroughly reading and understanding the syllabus and textbooks is the key to winning the examination.
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 it is difficult! Some candidates simply give up some minor subjects, often resulting in not getting the easiest scores while still failing to achieve the desired scores, ultimately failing to pass the examination. To this end, our suggestion is: First, clarify the direction of "giving up." Giving up is not simply about abandoning things but should involve reasonable time allocation, focusing on key points, and overcoming difficulties. Second, when our level of "giving up" has not yet reached the level of "art," then remember this: the basic is always important, and the most basic is always the most important!