JBA Oral Exam study guide
JBA Oral Exam · Work through your exam, one topic at a time.
The 弁護士口述試験 (oral examination, often called the 口述試験) is the final stage of Japan's bar qualification route, taken after a candidate has cleared the 短答式 (short-answer) and 論文式 (essay) stages of the 司法試験. It is conducted by examiners who question each candidate individually, and it tests whether the candidate can state legal rules accurately and apply them aloud under time pressure. The JBA Oral Exam study guide has 7 sections and about 2,389 words.
01Constitutional Law - Supremacy, Delegation and Rights Limitation
The oral exam in constitutional law tests whether you can state a rule precisely, apply it to a short hypothetical, and defend the answer when the examiner changes one fact. Marks come from hierarchy-of-norms reasoning and structured proportionality analysis, not from political commentary.
367 words, about 2 min02Administrative Law - Legality, Annulment Grounds and State Liability
Administrative law questions test legality review of individual decisions: can you identify the competent authority, the required procedure, and the correct remedy within the time limit? Examiners expect you to separate legality from the merits of the decision.
355 words, about 2 min03Civil Law - Contract, Defects of Consent, Tort and Property
Civil law questions test the general theory of obligations. The examiner typically gives a short sale or service scenario and asks you to classify the defect, choose the remedy, and state the prescription period.
338 words, about 2 min04Commercial Law - Merchant Status, Commercial Acts and Instruments
Commercial law examines whether you can identify the commercial character of an act, apply commercial rules instead of civil ones, and handle negotiable instruments and insolvency. A merchant is one who carries out commercial acts as a profession; commercial acts are objective (defined by the code) or subjective (connected to a merchant's business).
358 words, about 2 min05Civil Procedure - Jurisdiction, Service, Res Judicata and Appeals
Civil procedure questions test the conditions for a valid action and the consequences of procedural defects. The examiner rewards precision about who may raise an objection, when, and with what effect.
341 words, about 2 min06Criminal Law - Elements, Justification, Excuse and Participation
Criminal law questions test the structure of the offence. The examiner expects you to run the analysis in order: legality, act, mens rea, wrongfulness, culpability, then penalty.
310 words, about 2 min07Criminal Procedure - Detention, Evidence Nullity and Trial Guarantees
Criminal procedure tests the balance between investigation efficiency and defence rights. Examiners press on the exact consequence of a procedural breach: nullity of the act, exclusion of evidence, or disciplinary liability only.
320 words, about 2 min