| 授業の目的 【日本語】 | | |
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| 授業の目的 【英語】 | | | (1) Learn about the civil justice system in Japan; and (2) Study the similarities / differences between your country and Japan. |
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| 到達目標 【日本語】 | | |
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| 到達目標 【英語】 | | | (1) "Return to Basics" but "Doubt the Common Sense" ... Not just reading the provisions of a statute book, but focusing on the background of the reality (administration / practice) and actual issues. (2) Comparative Perspective ... You can identify yourself in comparison to others. "Nobody is perfect", but you can learn something even from others' failures. (3) Historical Background ... "The life of the law has not been logic; it has been experience." (Oliver Wendell Holmes, Jr., 1881) |
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| 授業の内容や構成 | | Lecture / Theme / Lecture Course Description / Learning outside the class / Related page
1
Basic System, Models and Concepts
Introduction; Basic Models and Concepts ; Resolution of Conflicts; Civil, Criminal and Administrative Proceeding
2
Adversary and Inquisitorial Systems; Code and Case Law Traditions; Continental and Anglo-American Law Models of Litigation
3
Courts and Lawyers ; Court System; Judges, Prosecutors, Attorneys and other Semi-legal Professions
Oda Ch.4 &5
4
Japanese Code of Civil Procedure
Japanese Code of Civil Procedure ; Overview of the Procedure; Pretrial, Trial, Appeal and Remedy
Oda Ch.17
5
Jurisdiction; Standing; Subject Matter
6
Trial; Oral Argument and Examination of Evidence; Adversary or Inquisitorial model?
7
Remedy and Enforcement
Appeal; Res Judicata; Remedy; Civil Provisional Remedies Act and Civil Execution Act
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Problems and Recent Movements; Delay; Revision of 2004; Alternative Dispute Resolution (ADR)
Goodman Ch.12
9
Civil Justice in reality?; Watch TV drama "Judge"(NHK, 2007-08) and have discussion about the ideal and the reality of Civil Procedure
10
Costs of Litigation
" Consensual Myth "; Do Japanese avoid litigation and why?
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Costs of Litigation ; Legal Aid; Legal Expenses Insurance
Hodges
12
Summary of the Lectures; Additional Explanation and Q&A
13
Students’ Presentation and Discussion
Students' Presentation and Q&A (1)
14
Students' Presentation and Q&A (2)
15
Students' Presentation and Q&A (3)
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| 履修条件・関連する科目 | | | Please take and read the materials before the summer classes start. |
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| 成績評価の方法と基準 | | | (1) Participating the discussion during the classes(30%); (2) Presentation (20 to 30 minutes, 30%); and (3) Writing a paper (40%) |
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| 教科書・テキスト | | N/A (Reading materials shall be given to students.)
Reading materials are available from the following address ( NUSS ):
https://nuss.nagoya-u.ac.jp/s/4n6iddRX5H3qWHT |
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| 参考書 | | | (1) Hiroshi Oda, Japanese Law (3d ed. 2009); (2) Carl F. Goodman, The Rule Of Law In Japan: A Comparative Analysis (4th ed. 2017); (3) Christopher Hodges, Stefan Vogenauer & Magdalena Tulibacka, The Costs and Funding of Civil Litigation (2010) |
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| 課外学習等（授業時間外学習の指示） | | | Please consider the issues and questions discussed during the classes, and use them to write your paper. |
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| 注意事項 | | About Writing Assignment : Each student shall choose and research a theme concerning civil justice of his/her own country, prepare a handout (PowerPoint or other form), and make presentation for about 20 minutes (plus Q&A for 10 minutes). You don't have to explain the overall system, but it is preferable to choose a particular topic or one of the recent cases or issues in your country.
This course is held via ZOOM . See descriptions about Classroom above. Please resister by clicking " Enroll in Course " from the link written at the bottom of this page. |
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| 授業開講形態等 | | |
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| 遠隔授業（オンデマンド型）で行う場合の追加措置 | | |
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