コース要綱

Comparative Studies in Judicial System

[Lecture Course Basic Information]

Lecturer: Yoshitaka NAKAMURA
Other Lecturers: N/A
Course Type: Lecture plus Seminar
Semester: summer (5days)
Year: 1&2
Course Periods:

10:30 - 12:00 (2)

13:00 - 14:30 (3)

14:45 - 16:15 (4) 

Credits: 2
Whether mandatory or not: no
Classroom: CALE Building

 

Outline of Lecture Course (1) Learn about the civil justice system in Japan; and
(2) Study the similarities / differences between your country and Japan.
Course Objectives (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)
Textbooks N/A (Reading materials shall be given to students.)
Course Materials/Supplementaries (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)
Assessment (1) Participating the discussion during the classes(30%); (2) Presentation (20 to 30 minutes, 30%); and (3) Writing a paper (40%)
Prerequisites Please take and read the materials before the summer classes start.

Instructions for Out-of-Class Study Please consider the issues and questions discussed during the class, and use them to write your paper.
Responding to Student Questions Students may ask questions during or after the classes, and also by an E-mail. 
Other Notes 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.

 

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
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)

※Students who wish to enroll as a member should access the URL below.
Log in using the Nagoya University ID and password, and click on "Enroll in Course".

https://canvas.law.nagoya-u.ac.jp/enroll/MPM88K

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