I85PREP
⌘ K
RJS Exam study materials
RJS Exam study resources

RJS Exam practice questions

One question at a time. Build your RJS Exam understanding.

First 50 of 200 questions. Each one lists the choices, the correct answer, and an explanation. The checker at the top of this page saves progress in this browser when it is available.

Continue in the practice tool above to load more questions, 50 at a time.

Question 1Civil Law and Procedure

Under the Japanese Civil Code, a minor may generally perform a juristic act without the consent of a legal representative only in which situation?

  1. When the act is performed during school hours
  2. When the act is witnessed by two adults
  3. When the act benefits a third party financially
  4. When the act concerns property the minor has been permitted to dispose of freely Correct answer.

Explanation

The Civil Code allows a minor who has been permitted to dispose of certain property to act freely with respect to that property. Other juristic acts by a minor generally require the legal representative's consent and may be rescinded otherwise.

Question 2Civil Law and Procedure

A person who makes a declaration of intention while intoxicated to the point of lacking normal judgment may have that declaration:

  1. Ratified only by a court-appointed guardian
  2. Converted into a valid act by the other party's acceptance
  3. Automatically void from the outset
  4. Rescinded, since capacity to judge was temporarily absent Correct answer.

Explanation

The Civil Code treats declarations made in a state of intoxication where normal judgment is lacking as rescindable rather than void. The act remains valid until rescission is asserted.

Question 3Civil Law and Procedure

Which of the following best describes the Japanese concept of 'jiko kaihi' (avoidance of self-dealing) in agency?

  1. An agent may appoint a subagent without any restriction
  2. An agent must always obtain two competing offers before contracting
  3. An agent may not contract with the principal on the agent's own behalf absent the principal's consent Correct answer.
  4. An agent's authority ends automatically when the principal travels abroad

Explanation

Self-dealing by an agent is restricted because of the conflict of interest between agent and principal. Without the principal's consent, such acts may be rescinded.

Question 4Civil Law and Procedure

Under the Japanese Civil Code, which period governs the extinctive prescription of a claim arising from a tort (illegal act)?

  1. One year from the time the victim knew of the damage
  2. Twenty years from the tort regardless of knowledge
  3. Three years from the time the victim knew of the damage and the perpetrator Correct answer.
  4. Ten years from the tort regardless of knowledge

Explanation

Claims in tort are subject to a three-year subjective period running from knowledge of the damage and perpetrator, and a longer objective period. The other options misstate the Code's periods.

Question 5Civil Law and Procedure

Which of the following is required for a valid offer and acceptance to form a contract under the Japanese Civil Code?

  1. Registration of the contract with the local government
  2. A definite offer and an acceptance that matches it Correct answer.
  3. Payment of a deposit by the offeree
  4. A notarized writing signed by both parties

Explanation

Contract formation requires a definite offer and an acceptance corresponding to it. Formalities such as notarization or registration are not generally required.

Question 6Civil Law and Procedure

A seller and buyer agree that the buyer will pay 5,000,000 yen for a parcel of land, but the writing omits the payment date. What is the legal position?

  1. The contract is valid; the omitted term can be supplied by supplementary rules Correct answer.
  2. The contract is voidable at the seller's option
  3. The contract is valid only if the buyer pays immediately
  4. The contract is void for lack of an essential term

Explanation

Omission of a non-essential term does not invalidate the contract; the Civil Code supplies default rules. The essential elements (parties, subject matter, price) are present.

Question 7Civil Law and Procedure

In Japanese civil procedure, which court generally has jurisdiction over a claim for damages arising from a traffic accident occurring in Osaka, where the defendant resides in Tokyo?

  1. The Osaka District Court, as the place of the tort Correct answer.
  2. The Tokyo High Court, as the appellate forum
  3. The Supreme Court, as the court of first instance
  4. Only the Tokyo District Court, as the defendant's domicile

Explanation

For tort claims, the plaintiff may sue at the place where the tort occurred as well as at the defendant's domicile. The Osaka District Court therefore has jurisdiction.

Question 8Civil Law and Procedure

Under Japanese civil procedure, which document initiates a civil action in the district court?

  1. A petition for payment order
  2. A written answer filed by the defendant
  3. A complaint (teisojo) submitted to the court Correct answer.
  4. A motion for provisional attachment

Explanation

A civil action is commenced by filing a complaint with the court. The other documents serve different procedural functions.

Question 9Civil Law and Procedure

A creditor holds a claim against a debtor who has assigned receivables to a third party. Under the Japanese Civil Code, which step generally perfects the assignment against the debtor and third parties?

  1. Notice to the debtor, and for third parties, notice plus the debtor's acknowledgment Correct answer.
  2. Delivery of the original contract to the assignee only
  3. Registration with the Legal Affairs Bureau
  4. Publication in the official gazette

Explanation

Assignment of a claim is effective between assignor and assignee upon agreement, but to assert it against the debtor notice is required, and against third parties notice with the debtor's acknowledgment.

Question 10Civil Law and Procedure

A debtor performs an obligation to a person who appears to be the creditor but is not, and the debtor acted without fault. What is the effect under the Civil Code?

  1. The performance is always void and the debtor must pay again
  2. The performance transfers the obligation to the apparent creditor
  3. The performance is effective to the extent the debtor acted in good faith and without fault Correct answer.
  4. The performance is effective only if the true creditor ratifies it

Explanation

The Civil Code protects a debtor who performs to an apparent creditor in good faith and without fault. The payment is effective against the true creditor.

Question 11Civil Law and Procedure

A contract contains a clause imposing a penalty of 10,000,000 yen for any breach, while actual damages are likely to be around 1,000,000 yen. What is the court's likely approach under current Civil Code rules?

  1. The court must enforce the full penalty regardless of proportionality
  2. The court may adjust the penalty if it is unreasonably excessive compared with the actual loss Correct answer.
  3. The court must void the entire contract
  4. The court must reduce the penalty to zero

Explanation

The Civil Code allows courts to adjust agreed penalties or liquidated damages where they are unreasonably excessive relative to actual loss. This prevents over-deterrence while preserving party autonomy.

Question 12Civil Law and Procedure

In Japanese civil procedure, what is the effect of a party's failure to appear at the first oral argument session without submitting a preparatory document?

  1. The court may treat the party as having conceded the allegations, subject to procedural safeguards Correct answer.
  2. The court must dismiss the action immediately
  3. The court must refer the case to mediation
  4. The court must enter judgment for the plaintiff automatically

Explanation

Under the Code of Civil Procedure, if a party fails to appear and has not submitted a preparatory document, the court may deem the other party's allegations admitted. Safeguards exist to prevent unfairness.

Question 13Civil Law and Procedure

Which statement best captures the standard of proof in Japanese civil litigation?

  1. The court may decide on mere suspicion
  2. The plaintiff must prove the case beyond reasonable doubt
  3. The court must be convinced to a high degree of probability, not the criminal standard beyond reasonable doubt Correct answer.
  4. The defendant must disprove the claim beyond reasonable doubt

Explanation

Japanese civil procedure requires a high degree of probability, described as the judge's firm conviction, rather than the criminal standard. Mere suspicion is insufficient.

Question 14Civil Law and Procedure

A lessee of a building wishes to assign the lease to another person. Under the Civil Code, what is required?

  1. Written notice to the lessor only
  2. Approval by the neighborhood association
  3. Registration of the assignment with the court
  4. The lessor's consent, unless the lease provides otherwise Correct answer.

Explanation

Assignment of a lease generally requires the lessor's consent, because the lessor's interest in the identity of the tenant is protected. There are exceptions under the Act on Land and Building Leases for certain cases.

Question 15Civil Law and Procedure

A seller delivers goods that are missing a feature the buyer reasonably expected based on the contract. Under the Civil Code as amended, what remedy is primarily available to the buyer?

  1. A demand for cure, price reduction, damages, or rescission subject to notice requirements Correct answer.
  2. No remedy unless the defect was intentional
  3. Only damages, with no cure right
  4. Only rescission, with no other remedy

Explanation

The amended Civil Code provides a hierarchy of remedies for non-conforming performance: cure, price reduction, damages, and rescission, subject to notice and timing requirements.

Question 16Civil Law and Procedure

In Japanese civil procedure, which principle limits the court from awarding relief beyond what the parties have requested?

  1. The principle of public trial
  2. The principle of oral proceedings
  3. The principle of free evaluation of evidence
  4. The principle of party disposition (shobun-ken shugi) Correct answer.

Explanation

The court is bound by the parties' claims under the disposition principle; it cannot grant relief the plaintiff did not seek. Other principles govern different aspects of procedure.

Question 17Civil Law and Procedure

A defendant wishes to challenge the constitutionality of a statute applied in a civil case. Which procedural route is appropriate in Japanese civil litigation?

  1. Request a referendum
  2. Petition the Cabinet directly
  3. Raise the issue before the court hearing the case, with possible appeal to higher courts Correct answer.
  4. File a separate criminal complaint against the legislature

Explanation

Constitutional issues in civil litigation are raised before the court hearing the case and may be appealed. Japan's system does not provide direct individual constitutional complaints.

Question 18Civil Law and Procedure

What is the primary function of the preparatory proceedings (junbi teki kōi) in Japanese civil procedure?

  1. To clarify issues and evidence before the oral argument Correct answer.
  2. To mediate settlements exclusively
  3. To appoint experts
  4. To enforce judgments

Explanation

Preparatory proceedings organize the disputed issues and evidence so the oral argument can proceed efficiently. They do not replace the oral argument.

Question 19Civil Law and Procedure

A tort victim suffers both property damage and emotional distress. Under the Civil Code, which combination of remedies is available?

  1. Compensation for property loss and consolation money for emotional harm Correct answer.
  2. Punitive damages only
  3. Only emotional harm; property loss is excluded
  4. Only property loss; emotional harm is never compensable

Explanation

The Civil Code permits compensation for both pecuniary loss and non-pecuniary harm (consolation money) in tort. Punitive damages are not generally recognized.

Question 20Civil Law and Procedure

A principal grants an agent authority to sell a house. The agent sells it to a good-faith third party after the principal's death but before the agent learns of the death. What is the effect under the Civil Code?

  1. The act is valid only if the heirs ratify it
  2. The act is automatically void because authority ends at death
  3. The act is voidable only by the third party
  4. The act is generally effective because the agent acted without knowledge of the death Correct answer.

Explanation

The Civil Code protects an agent who acts without knowledge of the principal's death, treating the act as effective. This protects good-faith transactions.

Question 21Civil Law and Procedure

A creditor exercises the subrogation right (daisai-ken) against a debtor's sub-debtor. Which statement is correct?

  1. The creditor may seize the sub-debtor's assets directly without any court process
  2. The creditor may exercise the debtor's rights to preserve its own claim, subject to the debtor's rights and defenses Correct answer.
  3. The creditor may only exercise the right after the debtor consents in writing
  4. The creditor may exercise the right only if the debtor is insolvent beyond doubt

Explanation

Subrogation allows a creditor to exercise the debtor's rights against third parties to preserve the claim, and the third party may raise defenses available against the debtor. It does not transfer ownership or bypass procedure.

Question 22Civil Law and Procedure

A buyer discovers a latent defect in goods two years after delivery and notifies the seller one year later. Under the Civil Code, what is the likely outcome regarding the buyer's remedies?

  1. The buyer loses all rights immediately upon delivery
  2. The buyer has an unlimited period to notify
  3. The buyer may be time-barred if the notice was not given within one year of discovering the defect Correct answer.
  4. The buyer may rescind without any notice

Explanation

The Civil Code requires the buyer to notify the seller of a defect within one year of discovering it; failure may bar remedies. The period runs from discovery, not delivery.

Question 23Civil Law and Procedure

In Japanese civil procedure, a party seeks to introduce evidence obtained through an illegal search by a private party. How is admissibility generally assessed?

  1. The court must refer the issue to the prosecutor
  2. Illegally obtained evidence is always excluded automatically
  3. Illegally obtained evidence is always admissible without exception
  4. The court weighs the circumstances, and illegally obtained evidence may be excluded if fairness so requires Correct answer.

Explanation

Japanese civil procedure does not have a rigid automatic exclusion rule; courts balance the circumstances and may exclude evidence where admission would be unfair. This is a case-by-case assessment.

Question 24Civil Law and Procedure

A defendant raises a set-off (sōsai) defense in litigation. What is the procedural effect if the court accepts it?

  1. The set-off converts the claim into a criminal matter
  2. The set-off must be pursued in a separate action
  3. The plaintiff's claim is dismissed entirely regardless of amounts
  4. The claims are extinguished to the extent they offset, and the judgment reflects the net result Correct answer.

Explanation

When a set-off defense succeeds, the opposing claims extinguish to the extent of the offset, and the judgment reflects the net balance. It is decided within the same action.

Question 25Civil Law and Procedure

A party seeks to enforce a foreign judgment in Japan. Which requirement is generally necessary under the Code of Civil Procedure?

  1. Registration in the family register
  2. A fresh trial de novo in Japan
  3. Approval by the Japanese Diet
  4. Reciprocal guarantee of enforcement and the foreign court's jurisdiction, among other conditions Correct answer.

Explanation

The Code of Civil Procedure lists conditions for recognizing foreign judgments, including reciprocity, jurisdiction, proper service, and public policy. Recognition is a prerequisite to enforcement.

Question 26Civil Law and Procedure

Under the Civil Code, at what point does a contract between parties in the same place generally become effective as between those parties?

  1. When the offeror dispatches the notice of acceptance
  2. When the acceptance reaches the offeror Correct answer.
  3. When the offeree becomes aware of the offer
  4. When a notarized instrument is executed

Explanation

The Civil Code adopts the arrival (reach) theory for contracts between persons in the same place: the contract is formed when the notice of acceptance reaches the offeror. Dispatch alone is insufficient unless the parties are at a distance and the offeror has declared dispatch as the effective moment. Notarization is not a general formation requirement.

Question 27Civil Law and Procedure

A person without capacity to act (e.g., a minor) concludes a contract without the consent of the legal representative. What is the general status of that contract under the Civil Code?

  1. Valid but subject to automatic rescission by the court
  2. Valid and binding, with only a claim for damages available
  3. Void ab initio and incapable of ratification
  4. Voidable, and may be ratified by the principal or the person after acquiring capacity Correct answer.

Explanation

Acts of a person lacking capacity to act require the consent of the legal representative, and the contract is voidable rather than void. It can be ratified by the legal representative or by the person after acquiring full capacity. This preserves flexibility while protecting the incapacitated party.

Question 28Civil Law and Procedure

A creditor wishes to avoid a debtor's act that harms the creditor by reducing the debtor's assets. Which remedy under the Civil Code allows the creditor to request the court to revoke that act?

  1. The creditor's right of revocation (sagari-ken / torikeshi-ken) Correct answer.
  2. The right to set off the debtor's claim
  3. Subrogation of the debtor's rights (daisai-ken)
  4. The right to demand performance directly from the sub-debtor

Explanation

The creditor's right of revocation allows a creditor to petition the court to revoke the debtor's fraudulent act that injures creditors, restoring the diverted assets to the debtor's estate. Subrogation, by contrast, allows the creditor to exercise the debtor's own rights. Set-off operates between mutual obligations.

Question 29Civil Law and Procedure

In Japanese civil procedure, which party bears the burden of proving the facts on which a claim is founded?

  1. The plaintiff, as the party asserting the claim Correct answer.
  2. The party who requested the oral argument session
  3. The court, which must investigate facts ex officio
  4. The defendant, since denial shifts the burden

Explanation

The general rule is that each party bears the burden of proving the facts that support the legal effect it asserts. The plaintiff asserting a claim must prove its foundational facts, while the defendant must prove facts of defense such as payment. The court does not ordinarily gather evidence on its own initiative in civil litigation.

Question 30Civil Law and Procedure

A plaintiff files suit in the Tokyo District Court, but the defendant's domicile and the place of performance are both in Osaka. What is the defendant's proper procedural response to contest jurisdiction?

  1. Refuse to appear, which automatically voids the proceedings
  2. Raise a jurisdictional objection before the first oral argument session on the merits Correct answer.
  3. File a motion to transfer the case to the Supreme Court
  4. Wait until the judgment and then appeal on jurisdiction

Explanation

A defendant who objects to jurisdiction must raise the objection before making any statement on the merits at the first oral argument session. If the defendant argues the merits first, the court may find that the jurisdictional defect has been waived. Jurisdiction is not corrected automatically by nonappearance.

Question 31Civil Law and Procedure

In a civil action, a document is submitted to prove that a contract was concluded. Under the Code of Civil Procedure, what is the basic rule about the court's use of that document?

  1. The court may use it only after the document is authenticated by a notary
  2. The court may not consider it unless it is the original
  3. The court may rely on it only if the opposing party agrees to its admission
  4. The court must treat it as evidence once it is submitted by a party Correct answer.

Explanation

Under the party-presentation principle, evidence submitted by a party is generally subject to the court's free evaluation, but the court is not obliged to disregard it for lack of consent. Authentication and originality affect probative weight rather than admissibility in principle. The court evaluates all properly submitted evidence.

Question 32Civil Law and Procedure

A tortfeasor's act caused damage to a victim, but the victim also contributed to the harm through its own negligence. Under the Civil Code, how does the court generally treat the victim's fault?

  1. It may reduce the amount of damages by comparative negligence Correct answer.
  2. It shifts liability entirely to the victim
  3. It bars the claim entirely
  4. It has no effect unless the victim was a minor

Explanation

The Civil Code provides for comparative negligence: where the victim was at fault, the court may take that into account in determining the amount of damages. It does not automatically bar the claim. The reduction is assessed in light of the circumstances.

Question 33Civil Law and Procedure

In Japanese civil procedure, a party who has been served with a complaint may respond with a written answer. What is the principal function of this answer?

  1. To demand that the plaintiff withdraw the complaint
  2. To state the defendant's response to the claim and any defenses Correct answer.
  3. To request the court to reopen preparatory proceedings
  4. To initiate a counterclaim against a third party

Explanation

The answer (tōben-sho) sets out the defendant's response to the plaintiff's allegations and raises defenses, thereby clarifying the issues. It is a pleading, not a mechanism for compelling withdrawal. A counterclaim is a separate procedural act, and reopening preparatory proceedings is a distinct request.

Question 34Civil Law and Procedure

A seller and buyer conclude a contract, and the buyer later discovers that the seller had no intention to be bound and both parties were merely joking. What is the status of the agreement under the Civil Code?

  1. Valid, because a written contract was signed
  2. Valid, but only after registration
  3. Voidable at the buyer's election
  4. Void for lack of serious intent to be bound Correct answer.

Explanation

A manifestation of intent made without serious intent to be bound is void, because the parties did not truly intend to create legal relations. This is distinct from mistake, which is generally voidable. Registration is irrelevant to the validity of the agreement.

Question 35Civil Law and Procedure

An agent exceeds the scope of authority granted by the principal, and the third party had no knowledge of the limit. Under the Civil Code, which statement best describes the principal's position?

  1. Only the agent is liable, and the principal has no option
  2. The excess act is automatically void and cannot be ratified
  3. The principal is always bound regardless of the third party's knowledge
  4. The principal may ratify the excess act, and if ratified the act binds the principal Correct answer.

Explanation

Where an agent acts beyond authority, the act is not automatically binding, but the principal may ratify it, in which case it binds the principal. The third party's good faith affects the availability of other protections but does not automatically bind the principal. Ratification is the key mechanism.

Question 36Civil Law and Procedure

A debtor tenders performance of a monetary obligation, but the creditor refuses to accept it without justification. What is the primary effect of the tender under the Civil Code?

  1. The debtor is relieved of liability for delay and may deposit the subject matter Correct answer.
  2. The debtor must file suit to confirm performance
  3. The creditor's claim is extinguished and transferred to the state
  4. The debtor is immediately discharged from the obligation

Explanation

A valid tender of performance relieves the debtor of responsibility for any subsequent delay and entitles the debtor to place the subject matter in deposit to be discharged. The obligation is not extinguished by tender alone. Deposit is the mechanism that completes the discharge.

Question 37Civil Law and Procedure

A buyer and seller agree on a sale of goods, but the contract is silent on the time and place of delivery. Under the Civil Code, which rule generally applies?

  1. Delivery must occur at the buyer's domicile immediately
  2. Delivery must be arranged by a court-appointed agent
  3. Delivery occurs at the place where the goods are located at the time of contract
  4. Delivery must occur at the seller's domicile at the time of contract Correct answer.

Explanation

Where the place of performance is not specified, the Civil Code generally requires performance at the obligor's domicile, which for delivery means the seller's domicile at the time the contract was formed. The parties may agree otherwise. Court-appointed agents are not part of ordinary performance.

Question 38Civil Law and Procedure

In Japanese civil procedure, a plaintiff wishes to amend the complaint to add a new claim after the oral argument has begun. Which condition generally governs such an amendment?

  1. The amendment requires the consent of the court and must not substantially delay the proceedings Correct answer.
  2. The amendment is freely allowed at any time without conditions
  3. The amendment is prohibited once the first hearing has occurred
  4. The amendment requires the consent of the defendant only

Explanation

Amendments to pleadings are permitted with the court's permission and are subject to conditions such as not substantially delaying the proceedings and not unduly prejudicing the other party. The court balances efficiency and fairness. Amendment is not absolutely prohibited after the first hearing.

Question 39Civil Law and Procedure

A party wishes to challenge a judgment of the district court on the ground that the judgment contains a clear error of law, without disputing the facts. Which appeal route is generally appropriate?

  1. A motion for retrial (saishin)
  2. A motion for clarification of the judgment
  3. A final appeal to the Supreme Court (jōkoku)
  4. An appeal to the high court (kōso) Correct answer.

Explanation

An appeal to the high court (kōso) reviews both facts and law, so it is the ordinary route to challenge a district court judgment. A final appeal to the Supreme Court is limited to constitutional violations and certain exceptional grounds. Retrial is an extraordinary remedy for specific statutory grounds.

Question 40Civil Law and Procedure

A party fails to produce a document that the court has ordered it to produce, without justification. Under the Code of Civil Procedure, what may the court do?

  1. Refer the matter to the prosecutor automatically
  2. Treat the party's assertion about the document as established against it Correct answer.
  3. Dismiss the entire action immediately
  4. Order the party's arrest

Explanation

Where a party disobeys a document production order without justification, the court may treat the opposing party's allegations about the document as true. This sanction encourages compliance with discovery orders. Arrest and automatic criminal referral are not the prescribed procedural consequences.

Question 41Civil Law and Procedure

A creditor and debtor agree to set off mutual monetary claims, but the creditor's claim is subject to a condition precedent that has not yet been fulfilled. What is the effect of the set-off?

  1. The set-off is ineffective because the creditor's claim is not yet due and enforceable Correct answer.
  2. The set-off requires court approval to be effective
  3. The set-off is effective only against the debtor's claim
  4. The set-off is effective because set-off is unconditional

Explanation

Set-off requires that both claims be due and enforceable. A claim subject to an unfulfilled condition precedent is not yet enforceable, so set-off is ineffective. Court approval is not required for a valid set-off.

Question 42Civil Law and Procedure

A lessor and lessee enter a fixed-term lease. Before the term expires, the lessee wishes to terminate. Under the Civil Code, which statement is generally correct?

  1. Termination is automatic upon one month's notice
  2. Termination requires the consent of a notary
  3. Either party may terminate at any time with notice
  4. Termination is possible only if the contract or law provides grounds, such as unavoidable circumstances Correct answer.

Explanation

A fixed-term lease cannot be freely terminated before expiry; termination requires grounds provided by the contract or law, such as unavoidable circumstances. This protects the parties' reliance on the agreed term. Notice alone does not create a right to terminate.

Question 43Civil Law and Procedure

A victim suffers injury caused by a defective product. Under the Product Liability Act, which element must the victim generally prove to recover?

  1. The manufacturer's intent to cause harm
  2. That the victim purchased the product directly from the manufacturer
  3. That the manufacturer failed to obtain a permit
  4. That the product was defective and the defect caused the injury Correct answer.

Explanation

Product liability requires proof that the product was defective, that the defect caused the injury, and that the injury resulted in damage. Intent is not required, and privity of contract is not a condition. Regulatory permits are not the operative test.

Question 44Civil Law and Procedure

A party seeks to introduce a document obtained through an illegal search by a private party. How does Japanese civil procedure generally treat such evidence?

  1. It is always admissible regardless of how it was obtained
  2. The court may exclude it where the illegality substantially violates social norms Correct answer.
  3. It is admissible only if the opposing party agrees
  4. It is automatically excluded without exception

Explanation

Japanese civil procedure does not have a blanket exclusionary rule for evidence obtained illegally by a private party. The court may exclude evidence where the manner of obtaining it substantially violates social norms, balancing the interests involved. Consent of the opposing party is not the governing test.

Question 45Civil Law and Procedure

A plaintiff asserts a claim based on a contract, and the defendant raises the defense that the contract is void for fraud. Who bears the burden of proving the fraud?

  1. The court, because fraud affects the public interest
  2. The defendant, because it asserts the defense of fraud Correct answer.
  3. The plaintiff, because it asserts the contract
  4. The party who drafted the contract

Explanation

The defendant raising fraud as a defense asserts facts that defeat the plaintiff's claim, so the defendant bears the burden of proving the fraud. The plaintiff bears the burden of proving the facts supporting the claim. The identity of the drafter does not determine the burden.

Question 46Civil Law and Procedure

A defendant raises a set-off defense, and the court accepts it. What is the procedural effect on the plaintiff's claim?

  1. The claim is transferred to the defendant
  2. The claim is dismissed as unfounded from the outset
  3. The claim is extinguished to the extent of the set-off as of the time the defense became effective Correct answer.
  4. The claim remains intact and the defense has no effect

Explanation

When set-off is accepted, the obligations are extinguished retroactively to the time when set-off became effective, to the extent of the mutual claims. The court's acceptance gives effect to that substantive result. The claim is not dismissed as unfounded; it is reduced or extinguished by the set-off.

Question 47Civil Law and Procedure

A foreign judgment is presented for enforcement in Japan. Which requirement is generally necessary under the Code of Civil Procedure?

  1. The foreign court must have applied Japanese law
  2. The judgment must be rendered by a court in a country with a treaty with Japan
  3. The foreign judgment must be final and the foreign court must have had jurisdiction recognized under Japanese law Correct answer.
  4. The judgment must be approved by the Japanese Diet

Explanation

Enforcement of a foreign judgment generally requires that it be final and that the foreign court had jurisdiction recognized under Japanese law, among other conditions such as public policy conformity and reciprocity. Applying Japanese law is not required. A treaty or Diet approval is not the general test.

Question 48Civil Law and Procedure

A plaintiff obtains a judgment, but the defendant appeals. What is the general effect of a properly filed appeal on the enforceability of the first-instance judgment?

  1. The judgment becomes immediately unenforceable in all cases
  2. The judgment is automatically vacated
  3. The judgment remains provisionally enforceable unless the court orders a stay Correct answer.
  4. The judgment is transferred to the appellate court for enforcement

Explanation

Filing an appeal does not automatically suspend enforcement; the first-instance judgment remains provisionally enforceable unless the court orders a stay of execution. Automatic vacatur does not occur upon filing. Enforcement remains with the original court's process.

Question 49Civil Law and Procedure

A creditor holds a claim secured by a mortgage over land. The debtor sells the land to a third party. What is the mortgagee's general position under the Civil Code?

  1. The mortgage requires the third party's consent to remain effective
  2. The mortgage converts into a personal claim against the third party
  3. The mortgage is extinguished by the sale
  4. The mortgage follows the land and may be enforced against the third-party owner Correct answer.

Explanation

A mortgage is a real right that follows the property, so the mortgagee may enforce it against a subsequent owner of the land. The sale does not extinguish the mortgage. Consent of the new owner is not required for the mortgage to remain effective.

Question 50Civil Law and Procedure

In Japanese civil procedure, what is the general rule on the scope of res judicata of a final judgment?

  1. It binds only the parties and their successors as to the matters determined in the judgment Correct answer.
  2. It has no binding effect outside the court that issued it
  3. It binds only the plaintiff
  4. It binds all citizens as to the facts found

Explanation

Res judicata generally binds the parties and their successors with respect to the matters determined in the operative part of the judgment. It does not bind the public at large. The effect is not limited to the issuing court's own future proceedings.