Oral examination (口述試験): practical judgment and case reasoning
Scope
The 口述試験 is a short oral examination in which examiners probe judgment rather than recall: what you would do, on what authority, and why.
Core rules
- Answer in three beats: conclusion, legal basis, application to the facts. The structure itself earns marks.
- 土地家屋調査士法 confines you to 表示に関する登記, 筆界特定手続の代理, 境界に関する調査 and 測量 - never to declaring 所有権界.
- When a boundary is contested, the lawful routes are 筆界特定 or a 境界確定訴訟. Unilateral 境界標 setting is not one of them.
- Cite only provisions you are certain of: 不動産登記法123条, 民法210条, 民法223条, 刑法262条の2, the 懲戒 provisions of 土地家屋調査士法.
- Ethical reflexes must be audible: 守秘義務, 利益相反, 本人確認.
Worked example
Examiner: 「The client wants you to shift the neighbour's 境界標 30 cm into the neighbour's land to match the 公図. What do you do?」 Answer: I decline. The 公図 does not determine the 筆界, and moving a 境界標 without authority is 境界損壊 (刑法262条の2) and a trespass on the neighbour's ownership. The lawful route is to propose 立会, then a 筆界特定申請 under 不動産登記法123条, or a 境界確定訴訟. I would record the client's instruction in writing and confirm the refusal.
Traps
- Giving a one-line conclusion with no legal basis.
- Inventing an article number under pressure - state only what you know.
- Arguing with the examiner instead of explaining the reasoning.