Course Syllabus

Special Lecture and Seminar (Japanese Judicial Institutions)

[Lecture Course Basic Information]

Lecturer: Akitsuyu Ogawa
Other Lecturers: Hayakawa Naoji, Oda Chiaki, Yamaguchi Keiji, Tsukahara Masanori, Tanahashi Reiko
Course Type: Lecture
Semester: Fall
Year: Master 1st year
Course Periods: Wednesday 4th Period (14:45-16:15)
Credits: 2
Whether mandatory or not: not
Classroom: Lecture room 1, 2F, Asian Legal Exchange Plaza (ALEP)

 

Outline of Lecture Course 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。
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.
Course Objectives 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.

Textbooks No textbook but course materials delivered before each class. 
Course Materials/Supplementaries You will get course materials on this syllabus. Download and print them to bring to the class.


Assessment 1) participation 50% (attendance and active contribution in class)

Prerequisites good English skills
Instructions for Out-of-Class Study *Review and homework what you learned at class  
Responding to Student Questions *After the class or by email
Other Notes 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]

 

   

Lecture

Day/Month/Year

Time

Theme

Lecture Course Description Learning outside the class Related page
1 7/Oct/7
2:45pm-4:15pm

Introduction to the course
Introduction of the course, Exploration of the history and development of Japa0nese 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

14/Oct/2020
2:45pm-4:15pm

Japanese Criminal L

aw (1) 

Lecture-Japanese Criminal Law(1): the illustration of all the criminal procedure in Japan, beginning from the issue of arrest warrant, through investigation, indictment, and the formal trial session, and the completion with the sentence of the judgment. On video, you will watch the wonderful achievements of the moot tribunal performed by the students the last year.

3

 

21/Oct/2020

 

12:45pm-4:15pm 

Japanese Criminal Law +

Japanese Civil Law (1)

- the Moot Trial with the scenerio. Each of you are expected to fulfill your mission part by playing, basically by your choice, each part of the legal professionals( Judge, Prosecutor, and Defence Counsel ), the Accused, or the Witnesses. All of your performances will be recorded in video. The DVD photocopied from the recorded video will be provided for you in later days.

Civil Law(1);This lecture is aimed for the foreign students to learn the illustration of Japanese civil court procedures. In this lecture, you will watch the video made by Supreme Court, for your understanding of Japanese judicial system. After that, the lecturer explain the typical civil procedure in the district court.

4

28/Oct/2020

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. Followingly, watching and exploring the Nagoya Festival 2019 will certainly be your priceless experience to understand the value of this country.

5

4/Nov/2020
1:00pm-

Study Trip to the Nagoya District Court



On-site visit to Nagoya District court. Observation of Japanese regular courtroom, and precious chance to meet a judge.

6

 

11/Nov/2020
2:45pm-4:15pm


Japanese Civil Law (2)

Civil Law(2):This lecture is aim for the foreign students to learn the illustration of Provisional remedies and Enforcement of Judgment. In this lecture, we explain why Provisional remedies and Enforcement of Judgment are needed. And in this lecture we also explain the conciliation and other Alternative Dispute Resolution.  

7

18/Nov/2020
2:45pm-4:15 pm

Japanese Criminal Law (2)
Lecture-Japanese Criminal Law(2)  

8

 

25/Nov/2020
3:00pm-

Study Trip to the Nagoya District Prosecutor's Office 
  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. (Mr. Ogawa)

9

2/Dec/2020

2:45pm-4:15 pm

Corporate Law

 

Corporate Law
 

10

9/Dec/2020
3:30pm-

Study Trip to the Aichi Police

 

Study trip to Aichi Police Station: you will be drawn away to the high technology of central controlling centre in Aichi Police Office, and have a chance to observe how Japanese Policing activities are functioning. Aichi Police (English)

11

 

16/Dec/2020 
1:30pm-3:00pm


Study Trip to the Nagoya Prison
(Meet in front of the Toyoda Auditorium at 0:30pm)

 

 

(Attention: 4-5 hours in total): Visit to Nagoya Prison. Brilliant chance to go into the inside of Nagoya Prison to see the prisoner's lives and works. Also, on the way to and back to the Prison, you will have a chance to talk to a professional court translater. Note: in the Prison, it is of great importance to fully comply with its regulations and your teacher's instructions.  

12

23/Dec/2020
2:45pm-4:15pm

Japanese Criminal Law (3)

 

Japanese Criminal Law (3)    

13

13/Jan/2021
2:45pm-4:15pm

Japanese Civil Law (3)

 

Lecture-Japanese Civil Law(3):In this lecture, you will make a group of each country and make the answer of the homework through the presentation. In the presentation you can use a resume and/or power point.

   

14

20/Jan/2021

Time is unfixed

Christmas Party

(Participation is not compulsory) Christmas Party at Ogawa Sensei's apartment.    

15

27/Jan/2021
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.

16

 

3/Feb/2021

1:00pm-5:00pm

Moot Trial

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!

17

 

Jan or  Feb/ 2021 for  two days trip

Date is unfixed

Study Trip to Tokyo (Supreme Court and Diet)

 

Visit to the Supreme Court,Imperial Palace, All Japan Federation of Bar Association and tge Diet. This study away tour is going to be a 2-day trip to Tokyo.

※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/WLGNDC

Course Summary:

Date Details