2007 Judicial Examination Key Legal Provisions Accompanied by Golden Questions (5 volumes)

Author: Ruan Qilin
Publisher:
Publish Date: 2007-01-01
Features: How can the Judicial Examination no longer be a riddle for you? Proper practice is necessary. What to practice? The Judicial Examination is essentially about testing the understanding and application of legal provisions, known as "judging according to facts and applying the law as the criterion." When solving problems, one must first master the legal criterion and then apply it to cases (examples). Therefore, there are two types of practice: the first is legal provisions, which involves mastering the legal criterion; the second is cases, which involves applying the legal criterion to specific examples. Which is more fundamental—practicing law or practicing cases? Of course, it is more fundamental to practice law through exercises. Because familiarity with the law is the foundation for correctly solving cases. Without a legal criterion in mind, it is impossible to correctly apply the law to resolve cases. Which is more effective—practicing law or practicing cases? Of course, it is more effective to practice law through exercises. Because legal provisions are limited, and through certain exercises, one can master them. However, specific cases are infinite and ever-changing, making it impossible to exhaust them even through practice. Therefore, mastering the understanding and grasp of the law itself is a "constant adaptation to change" solution. I have seen some candidates who are enthusiastic about collecting and studying various difficult cases, going to great lengths to find definitive answers. Such dedication is admirable, but it is not the right approach for legal exams. Because the world is vast and full of wonders, even one answer is just a case-by-case solution with no universal guiding significance. There are also some candidates who know nothing about relevant laws, regulations, or judicial interpretations and plunge into analyzing various cases, ultimately failing to form a correct and systematic knowledge. For these candidates, it may be better to step back, first master the law, and then consider practicing cases. And when practicing cases, it should also revolve around the familiarity and understanding of legal provisions. With a solid foundation, one can moderately train their adaptability. Look at past exam papers. There are numerous questions that test the memory and understanding of legal provisions. For such questions, familiarity with the law is extremely effective. There are also some questions that can be answered simply with a basic understanding of the legal provisions. Of course, there are also some difficult cases that cannot be solved merely by rote memorization of legal provisions. In this regard, my suggestion is to prepare for relatively simple and reliable material. What is simple and reliable? It is familiarity with legal provisions and mastering their basic application. This way, you can answer about 60% of the questions in the exam. For the remaining difficult problems, just take your chances. This is the only way to truly pass the Judicial Examination without relying on luck. This book follows this approach. First, it adapts legal provisions into exercises to help familiarize and understand their content. Then, it creates case (example) exercises to practice the understanding and application of legal provisions. Legal provisions are limited, and the more you practice, the more solid your understanding becomes. Cases, however, are endless, and you should stop practicing them at the right time.