Case Analysis Special Topics - 2007 National Judicial Examination Preparation Guide (Legal Edition) (Revised Edition) (2007 National Judicial Examination Preparation Guide (Legal Edition) (Revised Edition))

Author: Zhang Nengbao
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 lost. 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 also only in the 60s. Moreover, the optional multiple-choice questions in the first three papers of the annual judicial examination, which often take 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. Due to the difficulty of these questions, some candidates even develop a fear of case studies the moment they see them, and they become confused when faced with case study papers. In response to the various misunderstandings candidates have about case studies, we believe it is necessary to clarify the following points:
First, in terms of the examination approach, case questions do not seek to be strange or novel. The scenarios they contain are concentrated reflections of real-life legal disputes. In this sense, case questions are part of our lives, around us, and at hand. The difference is that these specific legal disputes in real life have been refined and processed in the examination process, with some irrelevant details removed and some misleading legal relationships added. From this perspective, to become a legal professional, one must first become a perceptive person, cultivating the habit of frequently 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 seek to be obscure or deep. Their key points are usually important concepts in each legal department. This is first reflected in the distribution of the number of case questions in each legal department, which is characterized by the prominent status of important legal departments. Generally, the fourth paper consists of 10 questions: 3 in civil law (1 on the General Principles of Civil Law and 2 on the Contract Law), 2 in criminal law, 1 each in civil procedure, criminal procedure, and administrative law, 1 in commercial law (usually corporate law), and 1 on legal writing. Second, in the specific case questions of each legal department, the knowledge points involved are also the most important ones in that department. This applies to civil law, criminal law, civil procedure, criminal procedure, 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 the examination method, 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 procedural law. Vertically, it examines everything from jurisdiction to the determination of parties, to trial procedures, and even execution 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 in each legal department without a deep, systematic, and comprehensive understanding, you will likely struggle to answer case and discussion questions, even finding 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 in 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 piece of information in the question, as each 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 period, 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, overall solving methods, and thinking process of case questions in each legal department, guiding candidates to think from the perspective of the question setters through systematic training, 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 its practicality, as new questions will provide candidates with new insights and reflections, offering real training; second, to highlight the direction of case question examination, with more questions designed for important legal departments, fewer for secondary ones, and none for unimportant ones, thereby guiding candidates in their case review direction. 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:
- Organized by legal department, introducing the examination direction and suitable analysis techniques for case questions in each department, 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.
- In the case explanations, the correct answers are provided first, followed by legal reasoning, and then further analysis with solving techniques, enabling candidates to fully integrate knowledge and improve their examination skills.
- In the answer key, the answers are concise and accurate, supplemented with appropriate explanations; in the legal reasoning section, the goal is to help candidates understand not only what but also why; in the solving techniques section, it primarily serves as a methodological guide, inspiring specific solving approaches and helping candidates grasp the key points of solving (If you have any questions while using this book, please visit www.chinayize.com for consultation).