Goals of the Course(JPN)
Goals of the Course
|(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)
Objectives of the Course(JPN)
Objectives of the Course
|(1) Learn about the civil justice system in Japan; and|
(2) Study the similarities / differences between your country and Japan.
Course Content / Plan
|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
8) 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?
11) 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)
Course Prerequisites and Related Courses
|You don't have to take other classes as precondition to participate this class.|
Course Evaluation Method and Criteria
|(1) Participating the discussion during the classes(30%); (2) Presentation (20 to 30 minutes, 30%); and (3) Writing a paper (40%)|
|N/A (Reading materials shall be given to students.)|
Reading materials are available from the following address (NUSS):
|(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)
Study Load(Self-directed Learning Outside Course Hours)
|Please take and read the materials before the summer classes start. |
Please consider the issues and questions discussed during the classes, and use them to write your paper.
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.
Notice for Students
|The following is the invitation URL to the Scrapbox. Please log in with your Google account.|
Lecture format, etc.
|This class will be held during summer vacation (August or September).|
List of hybrid classes employing both face-to-face and remote teaching methods will be posted in the "News" of the homepage of the Graduate School of Law.
*If there are any changes in the teaching methods after the period of course registration, it will be announced on NUCT.
Additional measures for remote class (on-demand class)
|This course is held via ZOOM. |
Please join the following ZOOM meeting at 10:30.
ZOOM meeting ID：677-890-1293
ZOOM meeting PW：cjlm
Join ZOOM Meeting: https://us02web.zoom.us/j/6778901293
Remote classes are conducted via NUCT. Questions to instructors should be asked using the NUCT "Message" function.
Student discussions will be conducted using the NUCT "Message" function. (If the instructor has added the "Forum" function, the "Forum" can also be used.)
Follow your instructor's directions if your instructor has any other directions.