授業の目的 【日本語】
Goals of the Course(JPN) | | | 本講義は、日本についてほとんど知らないという状況のまま入学している本コース留学生に、日本社会、日本法についての概括的な情報を提供するために、弁護士の方と名大の教員が協力して、裁判所、検察庁、弁護士会、法務関連機関、企業等の訪問を軸に、日本の法制度の学習を行い、それらの総合学習を踏まえ、自国の制度と社会と比較し、自国の未来を展望するレポートを提出させるという、講義と実地見学を組み合わせた講義です。 講義では、資料の予習、実地見学前の概説、実地見学、見学に基づく質疑応答、自分の国の制度との比較を通じた自国の法と社会のより的確な理解を深めることを目標とています。日本社会と日本法を知るための実地見学を本講義ではかなり重視しています。講義の達成目標は、半年の講義で日本の社会と法制度の全体像について、一定の実感をもってもらうことです。 |
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授業の目的 【英語】
Goals of the Course | | | It would appear that the overseas students entering the LL.M. in Comparative Law Program (English-taught program) arrive knowing very little about Japan. However, the curriculum of this course deals with advanced theories of law in each of its lecture series with a lack of explanations for those new to Japanese law and society. Therefore, to give overseas students some general information regarding Japan, this course is run, in conjunction with the Aichi Prefectural Bar Association (International Special Committee) and the teaching staff of Nagoya University. Lectures are given in conjunction with onsite visits (around half the time for each. Several lectures are taken). The lectures consist of the prior study of relevant materials, explanations before visits, question and answer sessions based on the visits, and the comparison of the system in Japan with one’s own country so as to further one’s understanding of the law and society of one’s country. It is important that the onsite visits become the core part of the lectures so as to enhance one’s knowledge of Japanese society and law. Emerged in this varied learning experience, students make comparisons with their own countries’ system and society, and submit reports on the future perspective they have for their country. Over the course of a half year of lectures, students will be given a vivid impression of the overall shape of Japanese society and the legal system. |
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到達目標 【日本語】
Objectives of the Course(JPN) | | |
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到達目標 【英語】
Objectives of the Course | | | The ultimate objective of this lecture is, through both desk works and onsite visits, to obtain fundamental knowledge of Japanese judicial system and to help develop your insights and understandings of various legal issues of your own, from comparative aspect. This lecture substantially weighs on "experience and involvement" in many judicial spots and scenes in Japan. You will explore the inside and outside of Nagoya Keimusho(=jail), visit Nagoya District Court to meet and talk with a judge and a court secretary in a real court room, and call on Aichi Bengoshikai(=the bar association) to encounter both new and established practitioners, as well as to have study aways to Osu. Also, you will be highly expected to play an essential part in the moot criminal court, choosing either a judge, a prosecutor, a defense counsel, or witness, or make a presentation on your research from comparative approach. It is not essential to have some background knowledge in Japanese judicial systems or Japanese laws. However, it is of paramount importance to be full of interest and passion for your study and to participate in class discussions and study aways, and just enjoy your explorations positively and spontaneously throughout this course. The class is conducted mainly in English. Also, if your guest speaker is not used to English, English translation is always followed. However, you are also expected to acquire and understand relevant Japanese legal terminologies. If you know some of these, your study through this lecture will always be more productive and fulfilling. |
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授業の内容や構成
Course Content / Plan | | Lecture / Day/Month/Year
Time
Theme / Lecture Course Description / Learning outside the class / Related page
#1
5 /Oct/2022
2:45pm-4:15pm
Introduction to the course
Introduction of the course, Exploration of the history and development of Japanese legal system, and a rough picture of the role and function of the Supreme Court of Japan, the Supreme Prosecutor's Office, and Japan Federation of Bar Associations.
#2
12/Oct/2022
2:45pm-4:15pm
Overview(continued), the Moot Trial without the scenerio
#3
15 or 16/Oct/2022(To be announced)
1:00pm-
Visit to the Nagoya Festival (Osu Daidou-chounin festival)
(Attention: this lecture is held on Sunday, and also compulsory ) Study trip to Osu area where Mr. Imai, who is one of the shopowners in Osu Shopping Mall, will pleasantly draw you around many traditional, historical and deepest cultural spots. Watching and exploring the Nagoya Festival 2022 will certainly be your priceless experience to understand the value of Japan.
#4
19/Oct/2022
2:45pm-4:15pm
Japanese Criminal Law or Civil Law(To be announced)
#5
26 /Oct /2022
0:45pm-4:15pm
Study Trip to the Nagoya District Prosecutor's Office or Japanese Criminal Law(To be announced)
Study trip to Nagoya District Prosecutor's Office: you will have a chance to observe the investigation room, storages underground, and other locations, where any relevant questions are freely asked.
#6
2/Nov/2022
3:30pm-6:00pm
Study Trip to Bar Association and law firm
Discussion meeting(optional)
#7
9 /Nov/2022
2:45pm-4:15pm
Japanese Civil Law
#8
16 /Nov/2022
2:45pm-4:15pm
Family Law(guest lecturer will attend via zoom)
#9
30/Nov/2022
2:45pm-4:15pm
Japanese Civil Law
#10
7/Dec/2022
2:45pm-4:15pm
Japanese Criminal Law
#11
14/Dec/2022
3:00pm-5:30pm
Seminar at Aichi Bar Association Hall(5th floor)
6:00pm-
Mixer
#12
21/Dec/2022
2:45pm-4:15pm
Japanese Civil Law
#13-
January 2023(Detail schedule to be announced)
2:45pm-4:15pm
Moot Trial Preparation
Preparation for the moot criminal tribunal for your own. you will be instructed with some theory and technique of cross-examination, and highly expected to have your best preparation for all your wonderful performance and activities in the coming tribunal by your own.
Moot Trial
1:00pm-5:00pm
Moot trial by your own. Different from previous lecture, this moot trial does not have any scenarios on all of its examination-procedures. This means, the prosecutor and the defense counsel have to perform court activities solely on your improvisation. Also, the judges have to deal with objections claimed by either sides, by accepting or rejecting them, if any. At the last moment, the judges has to render the sentence, solely according to his/her conclusion from legal and fact-finding issues. The court is conducted, of course, according to Japanese Criminal Law and Criminal Procedure Law.
Prosecutor and Defense Counsel have to have the respective hearing prior to the trial. Each party never discloses any of the resources to other parties. Any parties are highly expected to prepare very well to fully exercise your performance! |
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履修条件・関連する科目
Course Prerequisites and Related Courses | | |
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成績評価の方法と基準
Course Evaluation Method and Criteria | | | 1) participation 50% (attendance and active contribution in class) |
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教科書・テキスト
Textbook | | | No textbook but course materials delivered before each class. |
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参考書
Reference Book | | | You will get course materials on this syllabus. Download and print them to bring to the class. |
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課外学習等（授業時間外学習の指示）
Study Load(Self-directed Learning Outside Course Hours) | | | *Review and homework what you learned at class |
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注意事項
Notice for Students | | | 1) in the moot trial, students will be expected to perform either the judge, the prosecutor, the defense counsel, the witness, or the defendant. 2) in the class, you may be expected to make a short presentation. -- DO NOT EDIT BELOW THIS LINE -- [Subject: SPECIAL LECTURE AND SEMINAR] |
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授業開講形態等
Lecture format, etc. | | 基本的には対面遠隔併用授業として実施します。遠隔のみの授業の場合は、授業担当教員の指示に従ってください。対面の場合の講義室一覧については、名古屋大学大学院法学研究科ホームページの「NEWS ニュース」に掲載します。URL：https://www.law.nagoya-u.ac.jp/
The courses are held as hybrid classes employing both face-to-face and remote teaching methods basically. If a course will be held by remote teaching methods only, please follow the instructor's directions. List of lecture rooms for face-to-face methods will be posted in the "News" of the homepage of the Graduate School of Law.
URL：https://www.law.nagoya-u.ac.jp |
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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
Additional measures for remote class (on-demand class) | | 遠隔授業は基本的にはNUCTで行う。教員への質問方法、学生同士の意見交換の方法は次のとおりとする。なお、教員より別の指示がある場合は、その指示に従うこと。
・教員への質問は、NUCT機能「メッセージ」により行うこと。
・授業に関する受講学生間の意見交換は、NUCT機能「メッセージ」により行うこと。
（※担当教員が「フォーラム」機能を追加設定した場合は「フォーラム」も利用可。）
Remote classes are conducted via NUCT basically. 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. |
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