When you are a student, the way you approaching the law is very different from when you are working. To distinguish, I will call the way that familiar with you is “student approaching way” or “way A”. The way you use when you are a lawyer is “lawyer law approaching way” or “way B”. The last one is new for you. To help you understand and have no fear when applying it, I will compare them.
So, what is “approaching”? Let me take an example. There is a murder case. Investigating body has to find out who is the culprit. Catching the culprit is the goal. When starting investigation, they may choose: first, trying to find the culprit (person), or second, find means causing the crime (knife, gun). One direction is one approaching way. So, when considering an issue, we can follow one way and go further to achieve the goal. It is said approach.
In the past, you saw a person or a company by their “legal position”. That is “A approach”. You considered a person or company as one separated subject; or you could see them in one “legal relationship” (such as purchase relationship) like chessmen on the chess table; they are different (Subject A and subject B). Now you are a lawyer, you will see both of them by their “capacities”; you will call them the seller and buyer. Then, you see they are connected. That is “B approach”.
Another example, in the old days, when discussing with your classmates about one case in which A was hit with a stick by B. He ran and picked up an iron rod and hit B back; unluckily, B side was hit by that rod and got hurt. What crime did commit? Then, you immediately thought about law; it seemed like Article 108 or 106 of Criminal Code about unintentional injury; you could choose details in that case to prove for that crime. You just “applied law on event”.
Now, as a lawyer, you will do the opposite. You have to consider the event’s details first, and analyze events: (i) was hit by a stick – picked up an iron rod – hit the side; (ii) then, go further: how to pick up the iron rod, on the road or on other people’s house yard; what did B do; disability rate, … then, you make legal questions: is this defense? justifiable or not? Intentional or not? You have to think about disability certificate, disability rate. Base on these questions, you will find suitable law regulations in Criminal Code. For example, if you see B’s disability rate less than 10% then A may not be guilty; however B ran to someone’s yard and picked up an iron rod to hit A, it is probably intentional. You analyze the event first and then apply it into laws.
In America, students study “Thinking like a lawyer” at the university. In Vietnam, we do not study like that, students will “swim” in their work and have to spend some years to take this method without logical system. Meanwhile, experienced lawyers will be fluent with this method, they even turn it into their job skill. I hope this book will help you guys reduce the suffering period to one year, or more; but you have to discuss with your colleagues to gradually understand this knowledge.
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