Recommendation for Examination preparation
The written tests to be addressed to pass the exam are three and are carried out on the issues formulated by the Ministry of Justice. In particular, the candidate will be required :
a) the preparation of a reasoned opinion , to choose between two matters regulated by the Civil Code;
b ) the preparation of a reasoned opinion , to choose between two matters regulated by the Criminal Code;
c ) the preparation of a judicial postulates that knowledge of substantive law and procedural law , a question of the proposed approach chosen by the candidate from the private law , criminal law and administrative law.
a) the preparation of a reasoned opinion , to choose between two matters regulated by the Civil Code;
b ) the preparation of a reasoned opinion , to choose between two matters regulated by the Criminal Code;
c ) the preparation of a judicial postulates that knowledge of substantive law and procedural law , a question of the proposed approach chosen by the candidate from the private law , criminal law and administrative law.
The oral examinations consist of :
a) in the discussion , after a brief illustration of the written tests of short questions relating to five subjects , of which at least one of procedural law , chosen in advance by the candidate from among the following : constitutional law , civil law, commercial law , labor law law, criminal law , administrative law , tax law , civil procedure , criminal procedural law , private international law, ecclesiastical law ;
b ) the demonstration of knowledge of forensics and the rights and duties of the lawyer.
The written test is without doubt the greatest obstacle to passing the exam.
We therefore useful to give you some practical advice in order to carry out the opinion of the act and the judiciary.
Once you pass this test , it will be important to make the best use of the time available for the study of the subjects of the oral examination .
THE OPINION OF REASONS
The preparation of a reasoned opinion is the result of a well-defined set of steps and activities required , whose performance depends on the correct setting and the final outcome . Below you proproniamo a working methodology with which familiarize before the exam , so as not to run the risk of being " displaced" in such a place .
A) Identification and discussion of the relevant legal institutions
The preparation of the opinion presupposes a fundamental starting point : the exact identification of relevant legal institution , for which it is their sole candidate's intuition "center" the topic of discussion .
You can recommend , as usual, to read the track , to give due weight to the words used and to be careful to periods incidental : the latter often clarify ideas, because they provide additional assessment elements intentionally disseminated by the author of the track.
Identified the legal institution relevant to the resolution of the matter, shall be done with his treatment (notion , legal, discipline ) using clear language and taking care of the consequential logic of the arguments. We must avoid is being too synthetic , in which case you risk appearing unprepared on the subject, is too analytical , as a long-winded dissertation undermine the harmony of carrying out the track and could even " upsetting " who is correcting numerous works ( this is a fact of which it must realistically take into account ) .
In this regard it is noted that , sometimes , the correct framing of the case and the resolution of the case does not postulate the discussion of a single institution , but a plurality of institutions or a plurality of elements of a single institution . In this case you must maintain a balance between the parties, in the sense that when the various institutes have the same impact on this question every institution should be done with the same level of detail . Obviously , otherwise it is well possible that the treatment of an institution is much more consistent than that of another .
In the discussion relevant institution must be very careful not to leave out track : the treatment must always be attached to the object of the issue. So , if you have to dwell subjective element of the crime of theft, it will not be necessary, and indeed may prove detrimental to the proper conduct of the opinion , treat the object of conduct or legal or taxable person of the offense.
Remember , finally, that the opinion is not a theoretical essay on a legal institution , but the solution of a substantiated case : once chosen your solution among the different possible , all that matters is to motivate them in a clear and congruent with arguments , so how would the judge in drafting the judgment .
B) The consultation codes
Should be taken , from the first moment , the good habit of working with the codes to the hand, this method is useful not only to avoid storing the topics in the exam can be found in the codes themselves, but also and above all , to learn how to check the codes (even commented ), an operation which will prove extremely useful in the examination .
A careful reading of the codes allows you to frame the subject to be treated immediately in its fundamental aspects and has importance , therefore, of no less than a good preparation . Remember that in the codes commercially , the legislation is complemented by a valuable alphabetical index - which greatly facilitates the processing and consulatazione work material .
In the code, then , those who have edited the often integrated single items of the text with the call , by the way , other articles of the Code or other codes : these references are to mean that matter the topic or the concept contained in that article has similarities or significant differences with the article mentioned in parentheses.
For the most suitable choice of the code to see the preparation for the competition we recommend the reader to take into account the time of purchase of the following assessment criteria :
- The date code update ;
- Kit and completeness of the complementary laws ;
- The calls and notes contained in the individual articles ;
- The index of the wealth - alphabet .
For these reasons, we believe that training on a recent edition does not and / or borrow a latest code at the last minute - not allowing you to become familiar with the work tool - it is a wrong choice.
C) The review and the choice of doctrinal opinions
Often it happens that in the discussion of the relevant institutions in the question which you come across in a number of theories developed by the doctrine . In our opinion , the candidate will do well to quote them and clarify the key points of any disagreement between the thesis. However, keep in mind that most of the time you will have to take a stand and elect one of them to logical line of interpretation of the question, with the risk of possible conflict with the orientation of the committee .
D) The jurisprudential
To defuse the problem of doctrinal theses choices that you intend to follow , he helps the comfort that comes from the legal guidelines .
Remember that in the examination you can also consult the codes commented exclusively with the case law .
These codes indicate, article by article, the most important maxims expressed by the courts (usually of legitimacy, but also sometimes about ), these maxims are of obvious utility in the choice of the solution to be adopted. It is therefore important to exercise with frequent consultation and study of the maximum shown in the codes Most commented updated to ensure that they were in the examination, be able to see the same with the easy familiarity that you have with a working tool well known.
The maximum to quote and comment in the opinion in support of the adopted solution can be chosen based on several criteria. First you must look for those decisions strictly about the topic that interests ( for example, if we want to know if a postal clerk at the counter attendant , that is in contact with the public, is a public official , seek a ruling that specifically addresses the issue ) . If this research proves to be unsuccessful , a second investigation plan can be prepared by seeking the maximum regarding cases similar to those proposed by the question, or the maximum which can be inferred by the relevant assessments ' " argumentum a contrario " .
But how to search materially the maximum ? And how many maximum should be used ?
The first question may be answered easily : to search only among the highest recorded in the articles or related to one aspect of the institution ( when the search is focused ) or the general principles of the institution ( when the targeted research has not yielded the results desired ) .
On the second question can give an answer only indicative , because the number of maximum to insert, to use or mention within the work varies according to a number of factors, such as the number of institutions receiving , any conflicting trends in law , the greater or lesser topicality of the proposed in the track (which determines the greater or lesser abundance of production jurisprudence ) , etc . To this end, it is considered that if the subject are found many judgments concordant (ten , fifteen) , will be appropriate to mention just a few ( four, five ) , while if the production is poor jurisprudence (one or two sentences) , it is not out of place also comment on other levels, relating to relevant general principles , provided that allow themselves to be interpreted in a manner consistent with our solution.
E) Solutions deformed or open
It is not excluded that in the course of the opinion it is decided to adopt a solution deviates from the prevailing case law , if the position of minority orientations in teaching and / or in law appears valid regarding better with the chosen setting . Obviously, in such a case the candidate must motivate with sound and logical arguments in a coherent manner the reason for this choice.
Other times, when the question is controversial, and has not yet emerged in the literature and / or in law, played a prominent role , you can use a solution open , so to speak , that is, that takes into account the possible options and their implications in order to solve the case .
A special council can give itself to those who, by mere accident , do not consider themselves particularly prepared for the topic proposed by the question. In this case, the candidate , on the basis of the available information , it must be guided by the logic as well as rely on their own sense of justice.
F ) Other practical advice
The success of the written test also depends on the applicant's ability to distribute well the given time to prepare the opinion (seven hours).
It is recommended to use the first hour to read carefully and analyze traces proposals , choosing the one for the conduct of which it feels more prepared.
Once framed the case and solved the case, it is appropriate to draw up a scheme exhibition , full of normative references , doctrinal and jurisprudential exposed in logical and consequential. This reminder will be useful in the following hours , when the fatigue and the excitement could not positively affect on memory, and interesting points accrued in the first moments of reflection are likely to be forgotten and , therefore, not performed .
The next four hours must be devoted to the preparation of the opinion material , following the pattern noted as a reminder .
It is advisable to carry out its opinion a technical language but simple, without excessive verbose general frameworks , maintaining a balance, even quantitatively, between the part devoted to the introduction of the opinion and the one dedicated to solving the problem ( for example, if the opinion concerns a matter relating to the " general guarantees ," it is useless to speak at length of the system of credit guarantees and the difference between real and personal guarantees ; just a brief introduction on the institution of surety , then center the subject matter of the question ) . It is also advised not to write the rules of the code in the body of the opinion , it is sufficient to recall with an indication of the number and paragraph . Finally, it would be useless to carry a dictionary , not to run the risk of making errors in spelling , as the quotations in Latin, if you are not sure better to omit them rather than risking to bring them back incorrectly .
The last two hours, of course, be dedicated to reading and copying in the beautiful views.
In this regard , you should always have in mind that the commissioners exam correction in the many elaborate series - inevitably repetitive , at least to some extent - drawn up by the candidates is a challenging job and, at times , exhausting. With this in mind , it is safe to predict that, among developed a very sophisticated but difficult to read (for its intrinsic complexity or , perhaps, for the practical problem of non- trivial copy " in the beautiful" ) , an elaborate and simple but orderly and smooth, this will be rewarded and not that one.
JUDICIARY ACT
The preparation of the judicial act is apparently easier task than the writing of a reasoned opinion. During the forensic practice , most of the candidates will have prepared a writ of summons or a response , and has established that certain elements recur regularly . As a result , they will now become " family ." In addition, each will have matured his scheme , and even developed his own style . However , the type of acts is wider than you think , and practice with lesser-known still remains a burden for each candidate.
In general, in drafting a judicial act must :
- Classify correctly the fact , based on the representation of it provided by the customer (and , in the case of the appearance and response , taking into account the prospettazione supported by the counterparty) ;
- Assessing the accounting documents and inquiry ( deductions ) ;
- Build an assumption consistent with the law ;
- (In the case of the appearance and answer) refute any opposing arguments , both in fact and in law ( counter- ) ;
- Summarize the claim in the conclusions.
As for the style to be taken , you should write clearly , so as to be easily understood by the reader , and following a strict reasoning that can convince him of the validity of our thesis.
b ) the demonstration of knowledge of forensics and the rights and duties of the lawyer.
The written test is without doubt the greatest obstacle to passing the exam.
We therefore useful to give you some practical advice in order to carry out the opinion of the act and the judiciary.
Once you pass this test , it will be important to make the best use of the time available for the study of the subjects of the oral examination .
THE OPINION OF REASONS
The preparation of a reasoned opinion is the result of a well-defined set of steps and activities required , whose performance depends on the correct setting and the final outcome . Below you proproniamo a working methodology with which familiarize before the exam , so as not to run the risk of being " displaced" in such a place .
A) Identification and discussion of the relevant legal institutions
The preparation of the opinion presupposes a fundamental starting point : the exact identification of relevant legal institution , for which it is their sole candidate's intuition "center" the topic of discussion .
You can recommend , as usual, to read the track , to give due weight to the words used and to be careful to periods incidental : the latter often clarify ideas, because they provide additional assessment elements intentionally disseminated by the author of the track.
Identified the legal institution relevant to the resolution of the matter, shall be done with his treatment (notion , legal, discipline ) using clear language and taking care of the consequential logic of the arguments. We must avoid is being too synthetic , in which case you risk appearing unprepared on the subject, is too analytical , as a long-winded dissertation undermine the harmony of carrying out the track and could even " upsetting " who is correcting numerous works ( this is a fact of which it must realistically take into account ) .
In this regard it is noted that , sometimes , the correct framing of the case and the resolution of the case does not postulate the discussion of a single institution , but a plurality of institutions or a plurality of elements of a single institution . In this case you must maintain a balance between the parties, in the sense that when the various institutes have the same impact on this question every institution should be done with the same level of detail . Obviously , otherwise it is well possible that the treatment of an institution is much more consistent than that of another .
In the discussion relevant institution must be very careful not to leave out track : the treatment must always be attached to the object of the issue. So , if you have to dwell subjective element of the crime of theft, it will not be necessary, and indeed may prove detrimental to the proper conduct of the opinion , treat the object of conduct or legal or taxable person of the offense.
Remember , finally, that the opinion is not a theoretical essay on a legal institution , but the solution of a substantiated case : once chosen your solution among the different possible , all that matters is to motivate them in a clear and congruent with arguments , so how would the judge in drafting the judgment .
B) The consultation codes
Should be taken , from the first moment , the good habit of working with the codes to the hand, this method is useful not only to avoid storing the topics in the exam can be found in the codes themselves, but also and above all , to learn how to check the codes (even commented ), an operation which will prove extremely useful in the examination .
A careful reading of the codes allows you to frame the subject to be treated immediately in its fundamental aspects and has importance , therefore, of no less than a good preparation . Remember that in the codes commercially , the legislation is complemented by a valuable alphabetical index - which greatly facilitates the processing and consulatazione work material .
In the code, then , those who have edited the often integrated single items of the text with the call , by the way , other articles of the Code or other codes : these references are to mean that matter the topic or the concept contained in that article has similarities or significant differences with the article mentioned in parentheses.
For the most suitable choice of the code to see the preparation for the competition we recommend the reader to take into account the time of purchase of the following assessment criteria :
- The date code update ;
- Kit and completeness of the complementary laws ;
- The calls and notes contained in the individual articles ;
- The index of the wealth - alphabet .
For these reasons, we believe that training on a recent edition does not and / or borrow a latest code at the last minute - not allowing you to become familiar with the work tool - it is a wrong choice.
C) The review and the choice of doctrinal opinions
Often it happens that in the discussion of the relevant institutions in the question which you come across in a number of theories developed by the doctrine . In our opinion , the candidate will do well to quote them and clarify the key points of any disagreement between the thesis. However, keep in mind that most of the time you will have to take a stand and elect one of them to logical line of interpretation of the question, with the risk of possible conflict with the orientation of the committee .
D) The jurisprudential
To defuse the problem of doctrinal theses choices that you intend to follow , he helps the comfort that comes from the legal guidelines .
Remember that in the examination you can also consult the codes commented exclusively with the case law .
These codes indicate, article by article, the most important maxims expressed by the courts (usually of legitimacy, but also sometimes about ), these maxims are of obvious utility in the choice of the solution to be adopted. It is therefore important to exercise with frequent consultation and study of the maximum shown in the codes Most commented updated to ensure that they were in the examination, be able to see the same with the easy familiarity that you have with a working tool well known.
The maximum to quote and comment in the opinion in support of the adopted solution can be chosen based on several criteria. First you must look for those decisions strictly about the topic that interests ( for example, if we want to know if a postal clerk at the counter attendant , that is in contact with the public, is a public official , seek a ruling that specifically addresses the issue ) . If this research proves to be unsuccessful , a second investigation plan can be prepared by seeking the maximum regarding cases similar to those proposed by the question, or the maximum which can be inferred by the relevant assessments ' " argumentum a contrario " .
But how to search materially the maximum ? And how many maximum should be used ?
The first question may be answered easily : to search only among the highest recorded in the articles or related to one aspect of the institution ( when the search is focused ) or the general principles of the institution ( when the targeted research has not yielded the results desired ) .
On the second question can give an answer only indicative , because the number of maximum to insert, to use or mention within the work varies according to a number of factors, such as the number of institutions receiving , any conflicting trends in law , the greater or lesser topicality of the proposed in the track (which determines the greater or lesser abundance of production jurisprudence ) , etc . To this end, it is considered that if the subject are found many judgments concordant (ten , fifteen) , will be appropriate to mention just a few ( four, five ) , while if the production is poor jurisprudence (one or two sentences) , it is not out of place also comment on other levels, relating to relevant general principles , provided that allow themselves to be interpreted in a manner consistent with our solution.
E) Solutions deformed or open
It is not excluded that in the course of the opinion it is decided to adopt a solution deviates from the prevailing case law , if the position of minority orientations in teaching and / or in law appears valid regarding better with the chosen setting . Obviously, in such a case the candidate must motivate with sound and logical arguments in a coherent manner the reason for this choice.
Other times, when the question is controversial, and has not yet emerged in the literature and / or in law, played a prominent role , you can use a solution open , so to speak , that is, that takes into account the possible options and their implications in order to solve the case .
A special council can give itself to those who, by mere accident , do not consider themselves particularly prepared for the topic proposed by the question. In this case, the candidate , on the basis of the available information , it must be guided by the logic as well as rely on their own sense of justice.
F ) Other practical advice
The success of the written test also depends on the applicant's ability to distribute well the given time to prepare the opinion (seven hours).
It is recommended to use the first hour to read carefully and analyze traces proposals , choosing the one for the conduct of which it feels more prepared.
Once framed the case and solved the case, it is appropriate to draw up a scheme exhibition , full of normative references , doctrinal and jurisprudential exposed in logical and consequential. This reminder will be useful in the following hours , when the fatigue and the excitement could not positively affect on memory, and interesting points accrued in the first moments of reflection are likely to be forgotten and , therefore, not performed .
The next four hours must be devoted to the preparation of the opinion material , following the pattern noted as a reminder .
It is advisable to carry out its opinion a technical language but simple, without excessive verbose general frameworks , maintaining a balance, even quantitatively, between the part devoted to the introduction of the opinion and the one dedicated to solving the problem ( for example, if the opinion concerns a matter relating to the " general guarantees ," it is useless to speak at length of the system of credit guarantees and the difference between real and personal guarantees ; just a brief introduction on the institution of surety , then center the subject matter of the question ) . It is also advised not to write the rules of the code in the body of the opinion , it is sufficient to recall with an indication of the number and paragraph . Finally, it would be useless to carry a dictionary , not to run the risk of making errors in spelling , as the quotations in Latin, if you are not sure better to omit them rather than risking to bring them back incorrectly .
The last two hours, of course, be dedicated to reading and copying in the beautiful views.
In this regard , you should always have in mind that the commissioners exam correction in the many elaborate series - inevitably repetitive , at least to some extent - drawn up by the candidates is a challenging job and, at times , exhausting. With this in mind , it is safe to predict that, among developed a very sophisticated but difficult to read (for its intrinsic complexity or , perhaps, for the practical problem of non- trivial copy " in the beautiful" ) , an elaborate and simple but orderly and smooth, this will be rewarded and not that one.
JUDICIARY ACT
The preparation of the judicial act is apparently easier task than the writing of a reasoned opinion. During the forensic practice , most of the candidates will have prepared a writ of summons or a response , and has established that certain elements recur regularly . As a result , they will now become " family ." In addition, each will have matured his scheme , and even developed his own style . However , the type of acts is wider than you think , and practice with lesser-known still remains a burden for each candidate.
In general, in drafting a judicial act must :
- Classify correctly the fact , based on the representation of it provided by the customer (and , in the case of the appearance and response , taking into account the prospettazione supported by the counterparty) ;
- Assessing the accounting documents and inquiry ( deductions ) ;
- Build an assumption consistent with the law ;
- (In the case of the appearance and answer) refute any opposing arguments , both in fact and in law ( counter- ) ;
- Summarize the claim in the conclusions.
As for the style to be taken , you should write clearly , so as to be easily understood by the reader , and following a strict reasoning that can convince him of the validity of our thesis.
THE ORAL EXAMINATION
Once you pass the written test , proceed to the study of subjects chosen for the oral test . To this end, efforts should be made in studying those institutions involved in each single subject , not to mention the practical aspects of the various legal issues .
Indeed, the Examination Board is called upon to assess the professional competence of each candidate and , therefore , to examine both the technical and theoretical knowledge than those strictly practices , especially with regard to the aspects under the law of civil or criminal procedure.
0 comments:
Post a Comment