It is also important to take notes in the judicial examination.
As the saying goes, a good memory is not as good as bad writing. The questions of judicial examination are becoming more and more complicated. We should pay attention to the vertical (classmates' subjects) and horizontal (different subjects) connections and differences of knowledge points in learning, so as to fully understand the teaching materials and laws, which can only be done by taking notes. When reading this book for the first time, you'd better take notes, leaving appropriate gaps on each page of notes, so as to supplement and improve it continuously in the future. In order to improve the speed of note-taking, mark the key points, sub-key points, attention points and problems in review, and enhance the effect of analysis, induction, comparison and synthesis, we should also pay attention to methods when taking notes. The note-taking methods I use are:
Two-color notes
1. When reading the exam book, underline the guiding words and key contents with red and blue pencils red, mark the general contents and unclear questions with blue, and mark "?" In question. Number, in order to pay attention to and solve in the future.
2. When taking notes, write the title content and keywords in red with a red and blue ballpoint pen, and write the general content in blue. This is red and blue, easy to identify, clear and easy to refer to.
In order to reduce the workload of taking notes and improve the speed of taking notes, I use Chinese pinyin or initials, scientific symbols, foreign abbreviations, shorthand symbols and simplified cursive characters to memorize some commonly used legal terms, Chinese characters and difficult words, as long as I can understand them. For example, the Chinese phonetic alphabet or its initials are used to replace the corresponding Chinese characters or words, such as: F- law, FL- law, crime, MF- civil law, SS- litigation, FY- court, An-case, case, gold E-amount, Lu-line-performance, Zhong- arbitration, bills, F-penalty and so on. Count with mathematical symbols, such as: ∵— because, ∴— so, =—equals, ≦— does not equal; Write it down in English abbreviations: p .- which page, eg- for example, etc.-etc.; Use tilde "~" instead of title text.
The outline note method adopts outline notes in the form of curly braces and small braces, which can clearly list the ownership relationship between legal knowledge step by step. It has three advantages: intuition, generality and organization, and is easy to read, understand and remember, so it is widely used in study notes. (This example is omitted)
Chart note-taking method takes notes in the form of charts such as list, comparison table, relationship diagram and program table, which is clear at a glance and clear in context. For example, the provisions of "inland sea, territorial sea, contiguous zone, high seas, exclusive economic zone and continental shelf" in "International Law" and "Law of the Sea" are complicated, and I draw their relationships and boundaries into a geographical map, which is clear and detailed and easy to review and remember. For the provision of "renvoi" in private international law, it is not clear to understand and remember only by looking at the written narration. I turn them into schema memories, such as transferring them to: A → B → C, which is very intuitive and easy to understand. For another example, the provisions on the authority of administrative punishment setting are arranged in the following mnemonic forms: (√ means that it can be set, and × means that it has no right to set. In addition, although it is called "table", in order to save time when taking notes, it is generally not necessary to draw a grid)
Restrictions on personal freedom, revocation of business license, warnings and fines Other laws √√√√√√√√√√√√√√√√√√√√√√√√√√8 3. Different judgment methods; 4. The authenticity of the judgment is different. Find a key word from each of them-"take, dimension, prescription and truth", and use its homonym to record it as "the policy of the district committee". According to Article 1 14 of the Supreme People's Court's Interpretation of the Criminal Procedure Law, the collegial panel can report to the judicial committee for discussion and decision. The five types of cases are: those that are intended to be sentenced to death, those that have great differences among members of the collegial panel, those that are protested by the procuratorate. Take out a key word "death, ambiguity, resistance, noise, others" from it, and combine it into a sentence "I want to die if I resist the flag bearer"-it is associated with "I am easy to die if I resist the flag bearer on the battlefield", which is simple and unforgettable. Another example is the detailed and detailed provisions on "listing, suspension of listing and termination of listing" in the Company Law. I tried to refine it, and it felt good. For example, if a joint stock limited company as stipulated in Article 152 applies for listing its shares, I will refine it into six sentences: "① Publicly develop shares; (2) There is no false or illegal behavior within 3 years; (3) The share capital is 50 million; 4 points, 3 years and 3 years to earn; ⑤ Thousands of people, 25 1.54 billion yuan; 6 Other circumstances stipulated by the State Council. " One of the four situations stipulated in Article 157 occurs in a listed company, and the the State Council securities management department decides to suspend its stock listing. I summarize it in three sentences: "① The equity is unavailable; 2 financial double violations; 3 major violations of laws and regulations, 3 years of losses. " You can try to remember it better.
To sum up the overall enhancement of the judicial examination of notes, some knowledge points should be combined and summarized in the review. We can sum up and compare the relevant provisions in the substantive law and the procedural law, such as the provisions that the parties sentenced to "control, criminal detention and probation" in the criminal law and the parties who are "released on bail pending trial and under residential surveillance" in the criminal procedure law, and recall them. The provisions of a certain department law on the same or similar issues can also be summarized and sorted together. For example, various situations of combined punishment for several crimes in criminal law can be summarized and sorted together for comparison, mastery and memory. The "lower limit, upper limit and maximum number of years" of the three main punishments of "control, criminal detention and fixed-term imprisonment" in the criminal law are "3 months, 2 years and 3 years respectively; 1 month, 6 months, 1 year; Six months, 15, 20 years ",I sorted them into three groups of numbers" 3-2-3, 1-6- 1 6- 15-20 "to remember, which is simple and easy to remember. In addition to sorting out the statutory sentencing circumstances in criminal law according to different criminal forms and circumstances in the textbook, I also sorted out the statutory sentencing circumstances according to different handling principles, which deepened my impression of the statutory sentencing circumstances and their handling principles from different aspects and strengthened the memory effect. This year, I took notes on the Chinese and foreign legal history newly included in the examination. At the last stage of filling in the blanks, I put "Chinese legal history 26 first; China ancient dynasty central and local judicial institutions, review institutions and supervision institutions; This paper summarizes and sorts out the key contents of 14 foreign legal history, in order to review it comprehensively and master it emphatically. This year's legal history test questions generally reflect "both biased and difficult", and I got 9 points for 10.
Comparative notes can only be distinguished by comparison. In particular, the three major procedural laws have the same or similar provisions on many issues, and we can better grasp their similarities and differences through comparison. While taking notes on the three major procedural laws respectively, I also compiled a Comparative Notes on the Three Major Procedural Laws, and made detailed notes on the different provisions and differences of the three major procedural laws, such as "types of evidence, close relatives, time limit and methods of appeal, ways of delivery of legal documents, types of litigation agents, conditions for filing a case, trial period, postponement of trial, suspension of litigation, termination of litigation and enforcement measures", which achieved good results. In addition, different legal disciplines often have different provisions on the same issue. For example, civil law, procedural law, maritime law, environmental protection law and other disciplines all stipulate the time limit, but some are one or two years, and some are three or four years; Civil law, maritime law, insurance law and administrative procedure law often have different provisions on the period under different circumstances. These time laws of different lengths make it easy to remember things in isolation, so it is necessary to put them together and compare them through notes. The contents I recorded by comparison method are as follows: 1, the functions and powers of the National People's Congress, the National People's Congress Standing Committee (NPCSC) and the State Council; 2. Make different provisions on making suggestions and questions, nominating candidates, holding elections, convening meetings, etc. for the National People's Congress, the National People's Congress Standing Committee (NPCSC), local people's congresses at or above the county level and the standing committees of local people's congresses at or above the county level; 4. Similarities and differences between the relevant provisions of the Judges Law and the Public Prosecutor Law; 5. The General Principles of the Civil Law and its judicial interpretation, the Law on the Protection of Consumers' Rights and Interests, the Law on Product Quality, and the Measures for Handling Road Traffic Accidents have different provisions on damages for infringement of citizens' right to life and health; 6. Similarities and differences between relevant provisions of joint stock limited companies, limited liability companies and wholly state-owned companies; 7. Similarities and differences between Chinese-foreign joint ventures, Chinese-foreign cooperative ventures and foreign-funded enterprises; 8. Comparison of the three rules of international carriage of goods: 9. Comparison of the three international conventions on intellectual property protection: 10. Similarities and differences between individual partnership in General Principles of Civil Law and commercial partnership in Partnership Enterprise Law: 1 1. General Principles of Civil Law on legal persons, limited liability companies, joint stock limited companies and partnerships 12, preconditions for filing, detention, arrest, public prosecution, trial and conviction of criminal cases; 13, Discrimination of the crime of similar confusion; 14. Provisions on the applicable conditions, procedures and time limits for summons, bail pending trial, residential surveillance, detention and arrest; 15. Lawyers' right to practice in the stages of investigation, examination, prosecution and trial of criminal cases; 16, provisions on new evidence in first instance, second instance and retrial; 17, differences in judgments, rulings and decisions; 18, requirements for examination and approval of eight types of laws and regulations formulated by different legislatures, and examination and approval and filing authorities.