Statutes of the Judiciary and Professional Ethics
Statutes of the judiciary
Understand the principles of judicial independence, impartiality, and irremovability. Know the rules on appointment, promotion, discipline, and incompatibilities of judges. Study the role of the judicial councils and the guarantees that protect judges from external pressure.
Professional ethics
Master the duties of the judge and of the lawyer: secrecy, diligence, loyalty, and avoidance of conflicts of interest. Know the rules on professional secrecy and its limits, and the prohibition on accepting gifts or benefits that compromise independence.
Traps
Questions test whether a given conduct breaches independence or impartiality, and the difference between a disciplinary offence and a criminal offence. Watch for confusion between the duties of the judge and those of the Public Prosecutor.
Rule of thumb
When facing an ethics question, ask: does the conduct compromise independence, impartiality, or the dignity of the profession? If yes, it is a disciplinary breach even if not criminal.
Legal Writing, Reasoning and Case Analysis
Legal writing
Structure a legal document with: facts, legal issues, applicable norms, analysis, and conclusion. Use precise, impersonal language and cite the norm and, where relevant, case law. Avoid ambiguity and unnecessary rhetoric.
Reasoning
Master the syllogism: major premise (norm), minor premise (facts), conclusion. Distinguish deductive from analogical reasoning and know the limits of analogy in criminal law. Identify fallacies and the difference between ratio decidendi and obiter dicta.
Case analysis
Read the facts, isolate the legal question, identify the applicable rule, apply it, and reach a reasoned conclusion. Consider counter-arguments and alternative outcomes.
Traps
Exams test whether the candidate can separate facts from law and whether the conclusion follows from the premises. Watch for answers that cite a norm without applying it to the facts, or that confuse obiter dicta with binding reasoning.
Worked rule
Use the IRAC method: Issue, Rule, Application, Conclusion. Always apply the rule to the specific facts before concluding.