授業の目的 【日本語】
Goals of the Course(JPN) | | |
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授業の目的 【英語】
Goals of the Course | | In this course, students learn basic theory of Civil Procedure and practice in Japan in comparative perspective. I would like to emphasize:
(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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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 | | At the end of this course, students are expected to understand and explain:
(1) basic characteristics of the civil justice system in Japan; and
(2) the similarities and differences between their own countries and Japan. |
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授業の内容や構成
Course Content / Plan | | This course will be conducted in 5 days (3 classes per day).
1) Introduction; Basic Models and Concepts; Resolution of Conflicts; Civil, Criminal and Administrative Proceeding
2) Common Law v. Civil Law Traditions; Case Law and Statutes; Adversary and Inquisitorial Systems
3) Courts and Lawyers; Court System; Judges, Prosecutors, Attorneys; Other Semi-legal Professions [Oda Ch.4 &5]; Law School Crisis
4) Japanese Code of Civil Procedure; Overview of the Procedure; Pretrial, Trial, Appeal and Remedy [Oda Ch.17]
5) Jurisdiction; Standing; Representative Action or Class Action?; Pretrial Procedure
6) Trial; Oral Argument and Examination of Evidence; Adversary or Inquisitorial model?
7) Civil Justice in reality?; Watch TV drama "Judge"(NHK, 2007-08) and have discussion about the ideal and the reality of Civil Procedure
8) Appeal; Enforcement of Judgments; Civil Provisional Remedies Act; Civil Execution Act [Goodman Ch. 14]
9) Recent Amedments; Amendment of 2003; 2004 & 2006; 2011; Domestic Relations Case Procedure Act of 2012; 2019 Amendment to Civil Execution Act
10) Costs of Litigation; Average Length of the Trial; Court Fee and Attorney's Fee; Legal Aid; Legal Expenses Insurance [Hodges]
11) "Consensual Myth"; Do Japanese avoid litigation and why? ; Lawsuit v. ADR; Recent Considerations
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); Watch movie "Erin Brokovich" (2000) |
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履修条件・関連する科目
Course Prerequisites and Related Courses | | | You don't have to take other classes as the precondition to participate this class. |
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成績評価の方法と基準
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%). |
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教科書・テキスト
Textbook | | 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
Reference Book | | (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）
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. |
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注意事項
Notice for Students | | The following is the invitation URL to the Scrapbox. Please log in with your Google account.
https://scrapbox.io/projects/Nagoya-Summer-Classes/invitations/df0b62fddb86c5a36211a08ac871b5d0
https://scrapbox.io/Nagoya-Summer-Classes/ |
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授業開講形態等
Lecture format, etc. | | | This class will be held for five days during summer vacation (August or September). |
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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) | | | This class will be held in classroom. If a student cannot come to Nagoya University because of travel restrictions, please ask via E-mail. |
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