Case Study Special Topics Explained (Revised Edition)

Author: Zhang Nengbao, Editor-in-Chief
Publisher:
Publish Date: 2006-11-01
Features: The fourth paper of the judicial examination is the one with the lowest average score in the history of the examination, and it is also the one that leaves most candidates feeling clueless. Statistics show that the average score for this paper has been around 60 points. In the judicial examinations of 2005 and 2006, with a total score of 150, the average score for the fourth paper was still no more than 60 points. Moreover, the optional multiple-choice questions in the first three papers of the annual judicial examination, which often appear in the form of small case studies, have also resulted in low scores for most candidates. The direction of the case questions, how to review them, and how to answer them often leave many candidates baffled. Because these difficult questions remain unresolved, some candidates even develop a fear of case questions and become confused when faced with case papers.
In response to the various uncertainties candidates have about case questions, we believe it is necessary to clarify the following points:
First, in terms of the examination design philosophy, case questions do not aim for novelty or complexity; they are a concentrated reflection of real-life legal disputes. In fact, case questions are part of our lives, around us, with the only difference being that these real-life legal disputes have been refined and processed in the examination setting, removing irrelevant details and adding misleading legal relationships. From this perspective, to become a legal professional, one must first be a perceptive person, cultivating the habit of analyzing real-life legal disputes with a legal mindset. This will lay a solid foundation in life for effectively tackling case questions.
Second, in terms of the distribution of knowledge points, case questions do not focus on obscurity or depth; their key points are generally important concepts from various legal departments. This is first reflected in the distribution of case question numbers for each legal department, which highlights the prominence of important legal departments. Generally, the fourth paper consists of 10 questions: 3 civil law (1 on the General Principles of Civil Law, 2 on the Contract Law), 2 criminal law, 1 civil procedure law, 1 criminal procedure law, 1 administrative law, 1 commercial law (usually corporate law), and 1 legal writing. Second, in the specific case questions of each legal department, the knowledge points involved are also important to that department. This applies to civil law, criminal law, civil procedure law, criminal procedure law, administrative law, and commercial law without exception. Therefore, as long as you solidly master the important knowledge points, you will have laid a solid knowledge foundation for breaking through case questions.
Third, in terms of examination design, case questions have become increasingly comprehensive. Taking civil procedure law as an example, in recent years, its question design has moved away from a single format, often covering legal provisions that span all parts of civil procedure law. Vertically, it examines everything from jurisdiction to the determination of parties, to trial procedures, and even enforcement procedures. Horizontally, it may also involve issues such as the relationship between litigation and arbitration, non-litigation procedures in litigation, and the legal application of foreign-related civil litigation. In such a situation, if you only have a superficial, partial, and fragmented understanding of the knowledge points of a legal department without a deep, systematic, and comprehensive understanding, answering case and discussion questions will be a struggle, and you may even find it difficult to put pen to paper.
Fourth, in response to the above characteristics of case questions, during preparation, candidates should strengthen their macro-level understanding and in-depth analysis of the relevant legal provisions and systems of each legal department, truly grasping their essence to adapt to the case questions' emphasis on comprehensive application, flexibility, and practicality. When reviewing case questions, do not overlook any information in the question, as every sentence may contain information related to the key points. Review the question word by word, and the key points will gradually become clear, transforming a large case question into a series of small multiple-choice questions. After practicing this for a while, you will find that there is nothing to it but practice.
Based on the above characteristics of case questions in the judicial examination, we have written this book to help candidates make significant progress in their thinking, methods, and techniques, achieving a breakthrough in high scores. The features of this book are as follows:
1. Decoding: This book analyzes the examination direction, characteristics, general problem-solving methods, and thinking processes of case questions in each legal department. Through systematic training, it guides candidates to think from the perspective of the question setters, achieving a clear understanding of both themselves and the examination to respond accurately.
2. Freshness: All the case questions in this book are new and typical. The reasons for this are twofold: first, to enhance practicality, as new questions will provide candidates with new insights and reflections, offering real training; second, to highlight the examination direction of case questions, with more questions designed for important legal departments, fewer for secondary ones, and none for irrelevant ones, thereby guiding candidates in their case review.
To achieve efficient training, we have also arranged the book's format to better align with the knowledge system of legal departments and examination requirements:
1. Organized by legal department, each section first introduces the examination direction of case questions in that department and the appropriate analytical techniques, followed by new and typical case questions. These cases include traditional direct-question types and optional multiple-choice types, as well as newly emerging comprehensive analysis types in recent years.
2. In the case explanations, the correct answers are provided first, followed by legal analysis, and then further analysis with problem-solving techniques, enabling candidates to fully understand and improve their exam-taking skills. In the answer key, the answers are concise and accurate, supplemented with appropriate explanations; in the legal analysis section, the goal is to help candidates understand not only what is right but also why it is right; in the problem-solving techniques section, the focus is on methodological guidance, inspiring specific problem-solving approaches and helping candidates grasp the key points (If you have any questions while using this book, please visit www.chinayize.com for consultation).