I Became a Law School Genius – 12



I Became a Genius Law School Student Episode 12

Even though it is a training camp the work is the same as usual.

“Being an assistant manager isn’t difficult Haruya. In the end all you have to do is look at these.”

“Uhm….”

“Does the agent have the authority to do that act or not? If you don’t have it can you become an expressive agent or not? If so is it an abuse of power of attorney or not?”

“…My head hurts already.”

With the sound of Hanseol explaining things to Lee Haru in the background I continued to do my own thing.

‘What I need to invest time in now is multiple choice.’

There is no need to look at the case type separately.

I’ve done enough work to find the issues in a problem and formulate an answer.

What I Lost What I lack now is not technology but materials.

Even if you find an issue if you can’t remember the relevant precedent you’re in trouble.

In the end it meant that individual knowledge had to be memorized and there was no better way to cram it into your eyes and brain than through multiple-choice study.

‘How far did I look at the past exams… I also started as a substitute.’

I open the past question book and glare at it.

[problem]

‘A’ entered into a sales contract with ‘Byeong’ as the agent of ‘B’ but ‘A’ did not have the right of agency regarding the sale. Which of the following statements about the legal relationship in this case is incorrect?

① In determining whether ‘A’s’ agency actions constitute representational representation exceeding the authority the existence of a justifiable reason must be judged based on the time of ‘A’s’ agency actions.

② If ‘A’ is the spouse of ‘B’ express representation beyond the authority of daily housework agency as the basic agency may be established.

③ In the lawsuit filed by ‘B’ against ‘B’ to claim performance of the above sales contract if ‘B’ claimed that ‘A”s’ actions constituted authoritative representation in the claim ‘A”s’ actions amounted to expressive representation. It cannot be seen as including the claim that it does.

④ If ‘A’ is a sub-agent of ‘B’ the agency actions of ‘A’ cannot be considered representational representation exceeding the authority.

⑤ Even if the agency act of ‘A’ is recognized as expressive agency after the right of agency has expired expressive agency exceeding authority may be established.

‘It is a matter of judging whether one knows or not about the conclusion of a typical precedent.’

It was the type of text that took precedent text and pinned it to paper.

This does not require high-level interpretation such as recalling legal principles or checking understanding.

Since they are all frequent precedents you should reflexively come up with an answer as soon as you see them.

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‘The answer is number 4. ‘Because the subagent’s right of representation is also a basic right of representation under Article 126.’

I nodded with satisfaction as I checked the correct answers.

My skills have definitely improved significantly compared to the beginning of my possession.

If it were in the past I would have been fumbling for memories while doing this.

Of course if you do that you won’t be able to solve the problem in time.

Although it is still only the beginning of a vast civil law it felt quite good to feel like we were regaining at least a little bit of our old glory.

Using my long-awaited motivation I quickly turned the pages.

‘This is number 1. An agent who has been granted only the power of attorney for contract conclusion does not have the authority to postpone the payment date of the sale price but an agent who has been granted comprehensive power of attorney can.’

‘This is number 5. ‘A representative without authority is not liable for negligence.’

‘This is number 2.’

‘This…’

I felt that knowledge was gradually accumulating in the empty space of the legal system that was in place within me.

Ah it’s fun.

How long have you dreamed of a life like this?

I was immersed in solving the problem for a long time.

When I came to my senses the night was already deep and dawn had come.

“dripping.”

I raised my head when I felt a tap on my shoulder.

It was Lee Ha-ru.

“what’s the matter?”

“Tell me this.”

I was shaking the question paper and my eyes were half closed.

“What about Hanseol?”

“My sister just fell asleep.”

When I turned around I saw Hanseol lying face down on the desk and shivering.

Unlike Nana who studied alone and Lee Ha-ru who just sat and listened I taught her diligently from daytime so it was quite a drain on my stamina.

Should I just close my eyes for a moment?

Instead of waking Hanseol up I brought him a blanket and covered his shoulders.

“omg. “What is flirting?”

“Let’s stop talking nonsense and look at the problem.”

Since Hanseol is down I have no choice but to fix it.

I picked up the problem brought by Lee Haru.

[Question 3.]

– ‘A’ lent 20 million won to ‘B’ on March 1 2000 and ‘B’ promised to repay the money by June 1 2000 (assuming no interest).

However on June 1 2000 as promised ‘B’ began to avoid ‘A’ by deliberately not receiving any contact from ‘A’ or moving from place to place.

2010.8.28. Finally ‘A’ found ‘B’ who was hiding in a relative’s house and requested the return of the money he had borrowed from ‘B’. ‘B’ protested that he had no obligation to repay the money because the statute of limitations had expired on ‘A”s bond. did.

Can ‘A’ get 20 million won back? (15 points)

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“what. Has the statute of limitations already expired?”

“Seol’s explanation is great.”

If you look at the statute of limitations this is the end of the scope of the note test.

Of course you can’t properly write a case-type answer that lasts longer than ten lines no matter how short it is just by looking at it once so it was necessary to master it repeatedly from now on.

Still it was true that it was fast.

I wonder if Hanseol taught him well or if Lee Haru was too quick. In fact it was highly likely that it was both.

“So how do you get this?”

I tried to organize my mind on how to explain it.

What is the statute of limitations?

This is a regulation that states that even if a person has a specific right if he or she does not exercise it on time within a certain period of time the right is lost.

In other words legal rights also have an expiration date.

It was a topic that could have become infinitely more vicious if it had been difficult or trivial to make but fortunately this issue was not that tricky.

“What should I do first when writing the answer to this question?”

“What is it?”

“It’s just checking how many points it has.”

In case-based exams the score for a question is proportional to the length of the answer.

This is because the number of issues that serve as the basis for grading varies.

“Generally a 10-point question requires only one issue. 15 to 20 points is two. From 30 points it can be three or more.”

Therefore if the points assigned to the same passage are different the answer must be written in a different way.

For example in this issue B a bad debtor who ran away to steal money is claiming that his debt is gone because the statute of limitations has expired.

In this case the structure of the answer sheet is largely divided into two parts.

One is to review whether the statute of limitations on ‘B’s’ debt has truly been completed.

The other is to find out if there is a way to punish the debtor who is doing such shameful things.

Since it is a 15-point question you only need to create a separate table of contents and describe the two most important issues in each section.

First of all there are three requirements for statute of limitations under civil law.

Number 1. It must be a right subject to prescription.

Number 2. Even though the right holder can exercise his/her rights he/she does not exercise them.

Number 3. That situation will continue for a certain period of time.

“Because ‘A’s’ rights are loan claims they are subject to a 10-year statute of limitations under Article 162 Paragraph 1. Clear requirement 1. The day I promised to repay the money was June 1 2000 so it was August 28 2010. At this point 10 years have already passed right? “If there are no other special circumstances requirement 3 is also cleared.”

If it were a 30-point question you would have had to prepare a separate table of contents for requirements 1 and 3 and review them in detail.

However since this question is worth 15 points I will briefly describe the requirements that are met and move on.

The problem is requirement number 2.

‘Party A’ did not intentionally fail to exercise its rights.

There was simply no way to collect the money because the shameful debtor ‘B’ ran away without being contacted.

There seems to be room for debate as to whether this can be said to be ‘unexercised even though one can exercise the right.’

And this is the key issue that requires a separate table of contents.

“Precedents view the meaning of being able to exercise rights as the absence of ‘legal obstacles’ not ‘actual obstacles.’ Therefore even if the right was not exercised simply because the existence of the right was not known or the debtor was absent the statute of limitations continues.”

In other words the fact that ‘B’ ran away and the location could not be known is nothing more than a virtual obstacle.

Therefore it has nothing to do with the completion of the statute of limitations.

Therefore condition 2 has been satisfied and it is true that the statute of limitations on ‘A’s’ rights has been completed.

“But is this the end? no. If things continue like this ‘Eul’ will be so embarrassing.”

If a ruling is made in this way all debtors will borrow a lot of money and run away from creditors until the statute of limitations runs out.

It was impossible to make it like that.

“So the precedent brings the ‘principle of good faith.’ In cases where the debtor has made it impossible or significantly difficult for the creditor to exercise his/her rights and the statute of limitations has expired such a debtor’s insistence on the completion of the statute of limitations cannot be allowed because it is a violation of the principle of good faith or an abuse of rights.”

The principle of good faith is literally a basic principle of civil law that requires people to keep faith with each other and faithfully fulfill their duties in social life.

In short it means that we will not even protect those who are trying to avoid paying back money.

And this is the second issue.

All you have to do is list the principle of good faith in a separate table of contents describe the arguments from the precedents and then draw a conclusion.

“conclusion. Since ‘B’’s protest is unfair and cannot be allowed under the rules of good faith ‘A’ can request the return of the loan from ‘B’.”

It wasn’t a difficult problem either.

This is a problem that can be easily solved if you know the basic requirements of the statute of limitations and two precedents.

But Lee Haru was frowning as if something was bothering him.

“Is there anything you’re not sure about?”

“It’s more that I don’t know… I don’t like it.”

“Where are you going?”

“The principle of good faith. “What is that?”

Lee Haru pouted his lips.

“I understand the structure of considering requirements and reaching a conclusion when solving a civil law problem. It seems a bit similar to the logic of coding. But what’s the point if at the end you can crush it all with strange principles?”

His voice was full of dissatisfaction.

“How is this different from judging the magistrate as he pleases?”

I thought there were definitely parts where you could feel that way.

It’s not just Lee Ha-ru.

Students who are natural science majors experience considerable confusion and skepticism when they encounter this aspect of law.

When describing law people often use the modifier ‘mathematics in a foreign language’.

However from the perspective of those with a background in science and engineering it was nothing short of a complete cover scam.

He pretends to be logical and develops his argument by considering this and that but then overturns the entire plan with one word ‘That’s not fair.’

If that’s the case why do you study this vast legal system by heart?

“Anyway their studies in the liberal arts department have no depth.”

“Uh huh. “They entered that door and their den with their own feet and their tongues are long.”

“But okay!”

Lee Ha-ru who got a honey chestnut from me in return for his cheeky remarks was in tears.

I chuckled and continued.

“Well what you say is not wrong. Certainly law is different from natural science or mathematics. “It is far from being made up of flawless logic or being objective truth.”

“Then why?”

“Because law is a man-made invention to save people.”

“…are you looking for someone?”

I nodded.

“I could explain it to you now but someday you will realize the meaning yourself.”

“Tell me honestly. “Aren’t you just saying this because you have nothing to say?”

“This bastard?”

Lee Haru glared at me as if suspicious then returned to his seat with the question paper in hand.

Then he sat still and thought deeply about something then decided to go crazy and start solving the problem again.

“Saving people….”

It felt like I heard those words talking to myself.

‘okay. ‘This is enough for now.’

With promise and necessity alone you will somehow be able to accomplish the studies required right away.

Lee Ha-ru is that kind of person and the amount of things to see was somehow reduced through genealogy.

There was no need to force or try to convince Lee Ha-ru.

Soon she will fully blossom into her talents and find her own path with all her heart.

Just to move the timing forward slightly from the original… I guess I’ll have to give it a little push.

But that’s not today.

After watching Lee Haru groan for a moment I turned my head back to my problem book.

* * *

“The results of the paper test have been received. “It will be posted on the poster so please check it individually.”

The all-night camp went smoothly.

After waking up Hanseol drank the cocoa I gave him and taught Lee Haru until morning.

From Saturday afternoon when we had established a certain framework we all read my collection of materials over and over again.

After reading it over and over again until the paper wore out the answers came to me just by looking at the questions.

Monday morning I crawled all the way to the classroom.

We are confident that our efforts so far have not been in vain.

‘be easy. It’s super easy.’

As expected all of the questions asked by Professor Park Soo-geun were included in my data collection.

We changed the positions of the paper and used different numbers but that wasn’t enough to fool us who had studied until our eyes were red.

I glanced at Lee Ha-ru and Han-seol and sure enough the speed of turning over the question papers was noticeably faster than that of the other kids.

It is tempered enough to be tempered.

“Hey did you do well on the memo test?”

“No I’m bored. “Why are there so many problems I’m seeing for the first time?”

I am very happy to hear conversations coming from people around me.

It’s natural to see it for the first time.

Mock exams are relatively more messy than the real bar exam and issues that academic professors consider important often come up.

This meant that there were many problems that prospective students had never seen before.

“You said this would be scored by group right? “Where is first place?”

“Isn’t it definitely 6 trillion? Shin Seojun is there.”

“That’s right. The other kids in their group were all in the top 20 in the first evaluation. “It’s a real loss of balance.”

“How about 10 trillion? Who are Han Seol and him? “There was a person who answered well last time.”

“Hey absolutely not there. Don’t you know he was ranked 139th in the first round? “Being good at giving presentations and studying well are two different things.”

“that’s right. Plus one of us didn’t even show up for class so it’s a relief if we get to even halfway let alone first place.”

“Oh really? I feel sorry for Han Seol too….”

Laughter comes out of nowhere. Who is feeling sorry for whom?

‘Just wait and see you guys.’

As soon as class ended I headed to the poster and checked my group’s grades.