JBA Oral Exam key terms

The power of courts to examine laws and government actions for conformity with the constitution and to declare them invalid if they violate it. In Japan, the Supreme Court holds final authority over such review.

The quality of a law, regulation, or act being consistent with the provisions and principles of the constitution. Courts assess this when resolving disputes involving alleged constitutional violations.

Japan's highest court, which has final appellate jurisdiction and the power to determine the constitutionality of laws and regulations. It also supervises the lower courts.

A constitutional principle dividing governmental authority among legislative, executive, and judicial branches to prevent concentration of power. Japan's Constitution embodies this through its structure of the Diet, Cabinet, and courts.

The executive organ of the Japanese government, headed by the Prime Minister, exercising executive power and responsible to the Diet. It consists of the Prime Minister and other Ministers of State.

Japan's bicameral legislature, consisting of the House of Representatives and the House of Councillors. It exercises legislative power and designates the Prime Minister.

A unilateral action by an administrative agency that legally affects the rights or obligations of individuals, such as a permit, license, or order. It is subject to judicial review under the Administrative Case Litigation Act.

The authority granted to administrative agencies to make choices or judgments within legal limits. Courts review whether discretion was exercised reasonably and without abuse.

Improper or unreasonable exercise of administrative discretion, such as acting for improper purposes or based on irrelevant considerations. Courts may invalidate an administrative act for abuse of discretion.

The withdrawal or cancellation of a previously granted administrative act, such as a license or permit. It must follow legal procedures and have valid grounds.

The Japanese statute governing lawsuits challenging administrative actions. It sets rules for standing, jurisdiction, and grounds for revocation or declaration of illegality.

The legal right of a person to bring a lawsuit challenging an administrative act, typically requiring a legally protected interest. Japanese law limits standing to those with a direct legal interest.

The ability of a person to hold rights and duties under civil law. In Japan, legal capacity begins at birth and ends at death.

The ability of a person to validly perform juridical acts, such as entering contracts. It is limited for minors, persons under guardianship, and others requiring protection.

A person under 18 years of age in Japan. Minors have limited capacity to act and require parental consent for many contracts.

A voluntary act intended to create, modify, or extinguish legal relationships, such as a contract or will. It is a central concept in civil law.

An agreement between two or more parties creating enforceable obligations. Under Japanese civil law, contracts require offer and acceptance and are binding once formed.

Failure to perform a contractual obligation without lawful excuse. It may give the injured party rights to damages, termination, or specific performance.

Monetary compensation awarded to a party for loss or injury caused by another's breach of contract or tort. In contract, damages aim to put the injured party in the position as if performed.

A civil wrong causing harm to another, such as negligence or defamation, giving rise to liability for damages. Japanese Civil Code articles 709 and following govern tort liability.

Failure to exercise the degree of care that a reasonable person would exercise in the circumstances, leading to harm. It is a basis for tort liability.

A stock corporation formed under the Companies Act, having shareholders and legal personality. It is the most common form of business entity in Japan.

A person who owns shares in a company, granting rights to dividends, voting, and residual assets. Shareholders have limited liability for company debts.

A person appointed to manage the affairs of a company. Directors owe duties of care and loyalty to the company and may be liable for damages caused by breach.

A transaction conducted in the course of business by a merchant. Commercial law provides special rules for such transactions, including presumptions and notice requirements.

A person who conducts commercial transactions as a business. Under the Commercial Code, merchants are subject to specific obligations and presumptions.

The authority of a court to hear and decide a case. It may be based on territory, subject matter, or the amount in controversy.

The proper place for filing a lawsuit, typically the defendant's domicile or the place of performance. Rules are set in the Code of Civil Procedure.

The formal delivery of legal documents, such as a summons and complaint, to a party. Proper service is required to commence an action and ensure due process.

A document issued by a court ordering a person to appear before it. It is served together with the complaint to initiate civil proceedings.

The obligation of a party to prove a fact in dispute. In civil cases, the plaintiff generally bears the burden of proving the elements of the claim.

Information or materials presented to a court to prove or disprove a fact. It may include documents, testimony, and physical objects.

The physical element of a crime, consisting of a voluntary act or omission that causes a prohibited result. It is distinct from the mental element.

The mental element of a crime, such as intent or negligence. Japanese criminal law requires mens rea for most offenses.

The legal responsibility of a person for a criminal offense, requiring both actus reus and mens rea. It may be negated by defenses such as insanity or self-defense.

A defense justifying the use of force to protect oneself or others from an imminent unlawful attack. The force must be necessary and proportionate.

The apprehension of a person suspected of a crime to secure their presence in criminal proceedings. In Japan, arrests require a warrant except in limited circumstances.

A written order issued by a judge authorizing an arrest, search, or seizure. It must be based on probable cause.

The custody of a suspect or accused person before trial. Japanese law limits detention periods and requires judicial review.

The principle that a person accused of a crime is considered innocent until proven guilty by a court. It places the burden of proof on the prosecution.

The right of a criminal suspect or defendant to be assisted by a lawyer. In Japan, this right is guaranteed at trial and, in certain cases, during detention.