|授業科目名||法学特講１ Comparative Civil Procedure|
|科目の目的・到達目標||This course deals with the main framework of the civil procedure and some other civil proceedings of Japan as well as a few related topics. Key concepts and legal cases in these fields will be discussed in English. We will focus on the basic ideas, statutes, rules, important precedents and cases, although the instructors will deal with some advanced topics, considering the response and interest of the students.|
|授業の概要||This course will lead students into the important principles of Japanese civil justice system from a comparative perspective. In addition, the instructors will also talk on the practical development of the system from various perspectives. At the end of the course, students will be expected to understand the basic characteristics of Japanese civil justice system and to be able to explain the differences between Japanese justice system and those of their home countries.|
|授業計画||In this course, following topics will be taught by the named instructors on the designated days respectively.
09/24 1. Introduction: Judicial System and Legal Profession（Inomata & Ushijima）
10/01 2. Basic Principles of Civil Procedure（Omura）
10/08 3. Burden of Proof（Omura）
10/15 4. Collection of Evidence and Proof-taking at the Trial（Hagizawa）
10/22 5. Res Judicata and Other Effects of Judgment（Hagizawa）
10/29 6. Multi-party Litigation and Collective Litigation for Consumers（Omura）
11/05 7. Implementing Creditor’s Right: Civil Enforcement Proceeding（Hagizawa）
11/12 8. Bankruptcy (Insolvency) Proceeding（Hagizawa）
11/19 9. International Civil Procedure（Hagizawa）
11/26 10. Alternative Dispute Resolution（Hagizawa）
12/03 11. Suing Government: Litigation Challenging Governmental Decision-making (Ushijima)
12/10 12. International Assistance for Legislation of Civil Procedure Law in Cambodia（Homma）
12/17 13. Corporate Legal Department and its Vanguard（Kashiwagi）
01/07 14. Legal Ethics and Professional Responsibility（Homma）
|評価方法||Each student will be requested to submit a term report, which is a short essay, on two of the 15 topics shown above.
Grading will be based on:
(1) term report (60%), and
(2) performance in the class (40%).
If you would be absent from the class more than 5 times or fail to submit a term report by the end of January, it will lead to "Fail" in grading.
|テキスト・参考文献等||In place of a textbook, handouts of the lecture will be delivered in advance of each class.
Lecture will be delivered based on those handouts.
Reference book for your self-teaching:
Carl F. Goodman, "Justice and Civil Procedure in Japan" (Oceana Publications Inc. 2004) can be recommended as one of the reliable books on Japanese Civil Procedure.
|授業外の学習活動||Students are expected to read through the handouts delivered in advance to prepare for the class.|