I Became a Law School Genius – 14
by Jessie@AFNCC
I Became a Genius Law School Student Episode 14
Do you personally look at evidence and records and make legal arguments? Even in the original work there was never a test like this until the end.
‘If I had to put it that way… yes it’s similar to that.’
Among the data screens that Professor Jang Yong-hwan showed as examples there were a few things that looked familiar.
The prosecution preparation team led by Jang Yong-hwan.
In the original work he showed such materials to his students and explained the process of writing them.
It was a kind of teaching material to help understand criminal practice.
For reference the subjects are all 2nd and 3rd year law school students. They said it was not an item worth showing to prospective students.
But how on earth did the bizarre idea of taking an exam using that come up?
‘What on earth do you want?’
I looked around and saw that everyone was in a similar state of panic.
“Hey Master.”
Except one person.
“Is this… such a big deal?”
Iharu asked with a half-asleep look on his face.
“Cancer is so bad.”
“They just give you video data but isn’t it the same test in the end? On the contrary wouldn’t it be a shame if it were an open book because you wouldn’t have to study?”
“It’s not that simple.”
I am reminded of Jang Yong-Hwan’s words.
– Instead of a well-organized set of facts that fit the law of the exam you will dig into numerous evidence and records to discover issues and build your own arguments.
What was the study of law that we have done so far?
In the end it was a matter of understanding precedents and legal principles well and burying them in my head.
And all you have to do is pour it out on the test paper.
Naturally test questions are also asked to evaluate such abilities.
Therefore when creating a problem there is no choice but to present only the facts that fit the precedent.
That way people who study properly and know the legal principles of the precedent will be able to solve it and people who don’t know will not be able to solve it.
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Another advantage is that there are no objections as the correct answer is certain.
If you want to ask about the legal principles regarding sales contracts precedents suggest the type of contract that is considered a sale.
If you want to ask whether the crime was intentional you should raise a case in which case precedent is considered sufficient to recognize intentionality.
For example let’s say that a fingerprint was submitted that A stabbed A’s carotid artery in the neck causing a 10cm deep wound but luckily he survived at the hospital.
According to precedent in such cases it can be expected that the act of stabbing the carotid artery itself will be fatal to life so it is considered that there was intent to commit murder.
The conclusion is that it is a crime of attempted murder due to the admission of intent to commit murder and the failure to commit murder as a result.
But what if it’s not the neck but the abdomen? What about your arms?
What if there is a situation where excessive bleeding or death from blood loss may be expected depending on the depth even if the area itself is not fatal?
What if the knife is rusty and contaminated?
Like this in reality there are many cases where it is difficult to judge.
Cases that do not fit perfectly with legal principles.
Evidence that makes it difficult to clearly understand the facts.
The job of a lawyer is to take these things and somehow come up with a legally acceptable argument to obtain a favorable result for the client.
“But you’re trying to make us do it.”
This was no different from teaching paragliding training to a toddler who had just started walking.
This is because it has nothing to do with existing tasks either in terms of difficulty or required abilities.
“Legal principles are just the basics you need to know before going into practice. “And we are prospective students who haven’t even learned the basics properly.”
“Is that something like that?”
“It’s like that.”
Even I who has experience in the bar exam have never experienced anything like this.
There is a record-type problem that can be solved by looking at case records but that was a process of going to a training center and studying.
As I couldn’t even go to the interview room I had no recorded experience.
Moreover I have never dealt with this type of evidence before.
“Ah a notice has gone out!”
At that time someone looked at their smartphone and shouted.
Everyone hurriedly took out their smartphones or laptops and I opened my laptop and accessed the school website.
[Information regarding the second evaluation of the pre-lawschool course for prospective students (new!)]
It’s not that it’s not there really was a new notice posted.
The author was Professor Yong-Hwan Jang.
[Exam scope: Civil law – General provisions of civil law Real rights law Credit law (excluding kinship inheritance law) / Criminal law – General theory of criminal law Particulars of criminal law
Source of data: Questions presented by partially modifying or editing related records of actual events. The video and audio materials are not real but fictitious materials produced by professional actors.
Test format: After looking at the questions and writing your answers on the answer sheet you will be evaluated orally based on these.
Exam time: 2 hours and 30 minutes
Evaluation method: Entry into randomly assigned groups of two.
In civil cases the plaintiff and defendant in criminal cases are divided into prosecutors and defense attorneys and present their arguments from their respective positions.
If you follow through with your argument without changing it and receive a correct answer from the examiner you will receive 10 points.
If you listen to the other party’s argument and agree to it and the other party’s argument is judged correct you get 5 points.
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If you follow through with your argument without changing it but are judged to have answered incorrectly you will receive 3 points.
If you listen to the other party’s argument and accept it but you answer incorrectly you get 0 points.
* Civil procedure and criminal procedure law issues are not included: Originally the stakes of litigation law in solving actual cases were high but all were edited in consideration of progress.
* In the case of criminal law the severity of punishment (sentence) and reduction of punishment are not considered.
* Please refer to the example problem attached at the bottom.]
It was quite a complicated method.
You get the highest score if you make the right argument and don’t give up on it until the end but you could get 5 points just by jumping on board when the other person’s argument is valid.
On the other hand if you stick to your opinion until the end and are wrong you get 3 points but if you are wrong you get 0 points.
I can feel the will to consider both conviction and flexibility of judgment as evaluation factors.
“I have an example problem.”
“I know. “Would you like to have a taste first?”
I clicked on the attachment at the bottom of the notice.
“…hey. “The file size is 5GB?”
“Gaeobaim.”
What kind of damn test takes 5GB for just one question?
Should I say that it is worthy of a two and a half hour exam?
I couldn’t figure out how much there was.
At least I’ll compress it and upload it.
I opened the downloaded folder.
60 page incident log.
Five audio files.
There are eleven video files named CCTV recordings.
A few other image files.
…The road was closed.
“I’m already dizzy.”
“me too.”
It was a rare moment when Iharu and I agreed.
However after looking at the contents at first glance I felt like I could get a sense of it.
I’m still angry at the absurd length but in the end the fact that this is also a ‘test question’ hasn’t changed.
Problems ultimately reflect the intention of the test taker who created them.
If the questions on a typical law exam measure memorization of legal principles and precedents these questions would have been designed with another goal in mind.
By looking at what information is revealed and what information is hidden you can read the intention behind it.
Getting the answer right is ultimately the task of uncovering the path the test taker wants.
Test-taking skills mean that you have mastered such tasks.
That was my specialty.
“…Hey Park Yu-seung.”
Hanseol who had been quiet for a while came to visit.
“What are you going to do?”
“What do you mean?”
“This test. “You have to choose a subject.”
It was like that.
If I had to take this test in both civil and criminal law I wouldn’t have any body left.
However perhaps it was Professor Jang Yong-hwan’s last mercy but in this second evaluation it was enough to only select one subject and take the exam.
I answered immediately without much hesitation.
“I absolutely believe in criminal law.”
“why?”
“Because I’m more confident that way.”
Civil law is excessively voluminous.
Even if you can look up precedents it will take a year just to figure out what to look for.
This was especially true because there were many requirements and exceptions that could not be known from the legal provisions alone.
There was absolutely not enough time to complete everything from reading records reviewing evidence extracting issues writing answers and preparing oral presentations within four hours.
On the other hand the amount of criminal law was smaller than that of civil law.
It is relatively easy to grasp the essence of the problem through the provisions and you can intuitively know which precedents to look for.
Since I originally wanted to be a prosecutor I liked criminal law more and was good at it.
“Ha…what should I do?”
Hanseol muttered in an uncertain voice.
“What do you have to worry about?”
“Real. Cha Seok deceives. deception.”
“What a deception! “I’m seriously thinking about it.”
Now that I see it my shoulders are shaking.
“…If the test is like this I’m no better than other kids.”
Only then did I understand what Hanseol was worried about.
Hanseol is basically good at studying.
And I do it a lot.
In fact in most cases the two predicates were nothing more than tautologies.
She has invested more time than anyone else and has mastered an overwhelming amount of memorization.
The same goes for preparing for the college entrance exam undergraduate exams and the first evaluation in freelo.
At any test site content that Hanseol did not know was never printed on the test paper.
Although he occasionally made mistakes due to his weakness in improvisation testing for Hanseol was basically just an act of transcribing what he knew.
That was Han Seol’s unrivaled advantage.
“It’s different this time. “Because everyone can look up as many precedents as they want.”
That advantage was completely lost only in the second evaluation.
“scared. “It’s my first time taking a test where I don’t know what to do.”
Hanseol has always done everything possible.
It means that there was a corner of belief.
That’s why it seemed like he felt greater fear in the same daunting situation he was facing for the first time.
The speedboat that ran tirelessly lost its direction.
Of course these are also growing pains.
By bumping into things failing and breaking people grow stronger.
In some ways this test might have been necessary for Hanseol.
‘That’s true but…’
I looked into Hanseol’s eyes for a moment.
Eyes shaking unusually anxiously.
“Hanseol. “Just do civil law.”
“…uh?”
“If you choose civil law you will definitely do well. “No not necessarily but if possible.”
“But this time…”
I cut off Han Seol’s words.
“Civil law is a time attack. In most cases you will never be able to read the entire volume and find all the issues to search within the time limit. …Unless you are familiar with all the precedents from the beginning.”
“Is that something like that?”
“If you can’t do it other kids can’t do it even more. Look at me. “You didn’t have confidence in your memorization skills so you ran away with criminal law.”
Hanseol is surprisingly the type that lacks confidence.
This is true even though my skills are already sufficient.
If there is someone who tells you that you can do it you will be able to move forward without wavering.
“If you don’t trust yourself trust me. “Have you ever suffered a loss by coming here and listening to what I say?”
“…doesn’t exist.”
“Then that’s it.”
It is true that times of wandering and suffering make people grow.
But wouldn’t it be better to grow with less difficulty and suffering?
So I decided to light up a little signpost.
“Yes I will try.”
Before I knew it the shaking in my shoulders had stopped.
* * *
The remaining days of free law passed by quickly.
Lectures were always tight and if you were devoted to previewing and reviewing there wasn’t much time left in the day.
I invested that time into studying criminal law.
We organized a table of contents of the major issues that need to be judged for each crime from murder to perjury and trained students to recall them by looking at the legal provisions.
In any case it is okay if the specific contents of the precedent are volatilized.
Because you can search for it at the test site.
However in order to quickly understand the structure of the issue by comparing it with the legal provisions it was necessary to at least keep the relevant information in mind.
“There are too many. “Aren’t you crazy?”
“Don’t whine. “If I had followed the popular belief that criminal law is for the nobles and had chosen civil law I wouldn’t have been able to sleep like I did during the paper exam.”
“Guaagh.”
Hanseol took my advice and chose criminal law which is superior to civil law.
The reason is that in any case there is a high possibility of rubbing in criminal law when you have studied it less.
It must have been too much for Lee Haru and he groaned every time I grabbed him and dragged him to the library.
‘Hanseol… I’m sure he’s doing well.’
Over the past few days apart from lectures I have barely seen each other.
This was because they were both busy studying their own subjects.
In the meantime the group evaluation scores were accumulated steadily and achieved a perfect score of 40 points.
There is only one remaining gate.
“I will begin the second evaluation. Please enter the waiting room you have been directed to.”
On the last morning of Prilo when I finally arrived I held the doorknob with all my strength and opened the waiting room door.
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