Administrative Scrivener Examination flashcards

40 cards. Read the term and the definition here. The deck at the top of this page is optional.

Administrative act

An act of an administrative body that, under law, directly creates a legal effect for citizens, such as a permit, license, or order; it is subject to administrative litigation.

Discretion and its limits

Administrative bodies may exercise discretion where the law does not prescribe a single outcome, but courts review for abuse, including factual error, improper purpose, and violation of proportionality.

Administrative guidance

Guidance by an administrative body, such as advice or a request, that does not have legally binding force; a refusal to comply cannot by itself trigger compulsory measures.

Administrative penalty

A sanction imposed by an administrative body for violation of administrative obligations, distinct from criminal punishment; examples include fines for late filing and business suspension orders.

Expropriation of land

Compulsory acquisition of private land for public projects under the Compulsory Purchase of Land Act, requiring public interest, due process, and compensation for loss.

Information disclosure request

A request by any person for disclosure of administrative documents held by an administrative organ, decided by the organ with limited exemptions such as personal information and national security.

Administrative appeal

A request for review of an administrative disposition filed with the administrative body that made it or its superior, distinct from a lawsuit in court; filing periods and respondents are statutory.

Civil Code capacity

A person acquires rights and duties from birth; adults are 18 or older; minors and persons under guardianship have limited capacity to perform juristic acts independently.

Juristic act

A declaration of intent directed at creating legal effects; validity requires capacity, lawful and possible content, and the absence of fraud, duress, or mistake.

Prescription of claims

A claim is extinguished when not exercised for a statutory period; the Civil Code sets a general period and a shorter period for certain commercial and professional claims.

Default liability

A debtor who fails to perform is liable for damages unless performance was impossible for reasons not attributable to the debtor; the creditor may demand performance or damages.

Tort liability

A person who intentionally or negligently infringes another's right or legally protected interest is liable for damages, including loss of earnings and mental suffering.

Ownership

The right to use, profit from, and dispose of a thing, subject to legal restrictions; ownership can be acquired by transfer, prescription, or accession.

Joint and several liability

Where several debtors owe one obligation, each may be liable for the whole amount; payment by one releases the others to that extent and creates contribution rights among them.

Company legal personality

A company acquires legal personality upon incorporation and holds rights and duties in its own name, separate from its shareholders, whose liability is generally limited to their contributions.

Board of directors

A company organ that decides important business matters and supervises directors; in a company with a board, directors must report and the board appoints and dismisses representative directors.

Shareholder meeting

The highest organ of a company, deciding matters reserved by law and the articles, such as amendment of the articles, mergers, and election of directors; voting rights follow shares.

Commercial transaction

A transaction conducted by a merchant in the course of business; the Commercial Code supplies default rules on interest, notice, and prescription that differ from the Civil Code.

Negotiable instrument

A document embodying a right that is transferred by delivery and endorsement, such as a bill of exchange or promissory note; the holder in due course takes free of defenses.

Jurisdiction

The authority of a court to hear a case, determined by the defendant's domicile, the place of performance, the location of property, or the place of the tort.

Burden of proof

The duty of a party to persuade the court of facts supporting its claim; in civil litigation the plaintiff generally bears this for the elements of its claim.

Res judicata

A final and binding judgment bars re-litigation of the same claim between the same parties; a later suit on the same matter is dismissed for lack of standing.

Provisional disposition

A temporary court order, such as provisional attachment or provisional injunction, to preserve the status quo pending final judgment; it requires a showing of necessity.

Administrative litigation standing

A person with a legal interest in a disposition may sue for its revocation; standing requires the disposition to affect the plaintiff's rights or legally protected interests.

Administrative scrivener duties

A licensed professional who prepares documents for submission to public offices on behalf of clients, and may also provide related legal advice and representation within statutory limits.

Document drafting scope

The core service is preparing documents such as contracts, articles of incorporation, and applications for permits; the scrivener may advise on the legal meaning of such documents.

Professional ethics

A scrivener must protect client confidences, avoid conflicts of interest, and refrain from conduct that harms the profession's credibility; violations may lead to disciplinary action.

Continuing education

Practicing scriveners must complete periodic training prescribed by the association to maintain registration and stay current on law and procedure; noncompletion can affect registration.

Registration and license

Practice requires registration with the Japan Federation of Administrative Scrivener Associations and a license; registration can be refused for statutory disqualifications such as imprisonment.

Separation of powers

The division of government into legislative, executive, and judicial branches, each checking the others; the Constitution assigns lawmaking to the Diet and adjudication to the courts.

Demand and supply

In a market, price adjusts so that quantity demanded equals quantity supplied; a price ceiling below equilibrium creates shortage, and a price floor creates surplus.

Gross domestic product

The market value of all final goods and services produced within a country in a period; it excludes intermediate goods and transfer payments and is measured in nominal or real terms.

Electronic signature

An electronic mark or process attached to or logically associated with electronic data that identifies the signer and indicates approval; it can satisfy writing requirements under the relevant act.

Digital filing

Submission of documents to public offices in electronic form through designated systems; the scrivener must handle file formats, authentication, and receipt records correctly.

Personal information protection

Rules limiting collection and use of personal data, requiring purpose specification, security measures, and care before providing data to third parties; breaches may trigger liability.

Electronic mail evidence

Email and message logs may be used as evidence if authenticity and integrity can be shown, such as through headers, server records, or preserved original files.

Essay issue spotting

Short-answer legal reasoning requires identifying the legal issue, stating the applicable rule, applying it to the facts, and concluding; unsupported conclusions earn little credit.

IRAC structure

A framework for legal analysis: Issue, Rule, Application, Conclusion; it keeps answers organized and shows the examiner how the facts were applied to the rule.

Counterargument

In essay answers, presenting the strongest opposing position and explaining why it fails demonstrates depth and often earns additional credit in short-answer legal reasoning.

Statutory interpretation

Choosing among literal, purposive, and systematic readings of a provision; the answer should state the chosen method and justify it with text, purpose, and precedent.