Bar Part I Legal System practice questions

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Question 1Sources and hierarchy of law; constitutional framework

Which body enacts primary legislation at the national level in Japan, and what is that legislation called?

The Diet enacts 法律 (statutes), which rank below the Constitution but above subordinate legislation. Correct answer.
The Supreme Court enacts 規則 (rules), which take precedence over statutes in procedural matters.
The Cabinet Legislation Bureau enacts 法律 (statutes) on behalf of the Diet.
The Cabinet enacts 政令 (cabinet orders), which are the highest form of national law.

Explanation

Under the Constitution the Diet is the sole law-making organ of the State, and the statutes it enacts are called 法律. Statutes stand below the Constitution in the hierarchy but prevail over cabinet orders, ministerial ordinances and local ordinances. The Cabinet and the courts may issue subordinate rules only within the limits of their constitutional authority.

Question 2Sources and hierarchy of law; constitutional framework

In the Japanese hierarchy of norms, which source ranks immediately below the Constitution but above cabinet orders and ministerial ordinances?

Statutes enacted by the Diet (法律) Correct answer.
Administrative guidance (行政指導)
Treaties concluded by the Cabinet
Local ordinances (条例)

Explanation

The Constitution sits at the apex, and statutes enacted by the Diet come next, followed by treaties, cabinet orders, ministerial ordinances and local ordinances according to the prevailing view. Statutes therefore outrank all subordinate national legislation. Administrative guidance is not a formal source of law at all.

Question 3Sources and hierarchy of law; constitutional framework

Article 98 of the Japanese Constitution provides that the Constitution is the supreme law of the nation and that any law, ordinance, or act contrary to its provisions is void. What is the principal practical consequence of this supremacy clause?

Courts may review the constitutionality of statutes and refuse to apply unconstitutional provisions. Correct answer.
The Cabinet may suspend unconstitutional statutes by cabinet order pending Diet approval.
Local governments may disregard statutes they consider unconstitutional.
The Diet may amend the Constitution by ordinary statute whenever a majority supports it.

Explanation

The supremacy clause, read with Article 81, empowers the courts to exercise judicial review and decline to apply legislation that conflicts with the Constitution. Constitutional amendment, by contrast, requires the special procedure of Article 96, not an ordinary statute. Neither the Cabinet nor local bodies have authority to set aside national legislation.

Question 4Sources and hierarchy of law; constitutional framework

The Constitution of Japan can be formally amended only through which procedure?

A unanimous decision of the Supreme Court sitting en banc.
A two-thirds majority in each House, followed by a national referendum or election. Correct answer.
A simple majority in the House of Representatives alone.
A resolution of the Cabinet followed by promulgation by the Emperor.

Explanation

Article 96 requires the concurrence of two-thirds or more of all members of each House, followed by submission to the people in a referendum or election, and then promulgation by the Emperor. Ordinary legislative majorities are insufficient. The Supreme Court has no role in initiating constitutional amendment.

Question 5Sources and hierarchy of law; constitutional framework

A Japanese court is asked to apply a provision of a statute that appears to conflict with a treaty Japan has ratified. Which statement best reflects the prevailing approach to this conflict?

Treaties have force at or above the level of statutes, and courts seek harmonious interpretation before finding a conflict. Correct answer.
Treaties rank equal to cabinet orders and yield to statutes.
Treaties have no domestic effect until re-enacted as statutes by the Diet.
Treaties are automatically void to the extent they conflict with a later statute.

Explanation

Under Article 98(2) treaties concluded by Japan are faithfully observed, and the prevailing view gives them domestic effect at or above the statutory level. Courts generally attempt a harmonious interpretation before declaring a conflict. Treaties are not reduced to the level of cabinet orders, nor do they require re-enactment.

Question 6Sources and hierarchy of law; constitutional framework

Which of the following is the best example of a source of law that is formally enacted by a local assembly under the Local Autonomy Act?

A 条例 (local ordinance) enacted by a prefectural or municipal assembly within the limits of law. Correct answer.
A 政令 (cabinet order) issued by the Cabinet.
A 告示 (public notice) issued by a ministry.
A 通達 (administrative circular) issued by an agency.

Explanation

Local public entities may enact 条例 (ordinances) through their assemblies, provided they do not contravene national law. Ordinances are formally binding within the locality and are a genuine source of law. Cabinet orders, public notices and administrative circulars are national instruments of different character.

Question 7Sources and hierarchy of law; constitutional framework

What distinguishes a 法律 (statute) from a 政令 (cabinet order) in the Japanese legal system?

Statutes are subordinate to cabinet orders in the hierarchy of norms.
Both are enacted by the Diet, but cabinet orders require only a committee vote.
Statutes are issued by the Cabinet, whereas cabinet orders are enacted by the Diet.
Statutes are enacted by the Diet, whereas cabinet orders are issued by the Cabinet to implement statutes and other matters. Correct answer.

Explanation

Statutes are enacted by the Diet as the sole law-making organ, while cabinet orders are subordinate legislation issued by the Cabinet, typically to implement statutes or under delegated authority. Cabinet orders cannot conflict with statutes. The hierarchy places statutes above cabinet orders.

Question 8Sources and hierarchy of law; constitutional framework

The Japanese Constitution is often described as having three foundational principles. Which set correctly identifies them?

Popular sovereignty, administrative guidance, and local autonomy.
Separation of powers, federalism, and judicial supremacy.
Popular sovereignty, fundamental human rights, and pacifism. Correct answer.
Emperor sovereignty, parliamentary supremacy, and militarism.

Explanation

The Constitution rests on popular sovereignty, respect for fundamental human rights, and pacifism, reflected in the Preamble and Articles 1, 11, and 9. Separation of powers and local autonomy are important structural features but are not the three named foundational principles. Emperor sovereignty and militarism belong to the prior Meiji Constitution.

Question 9Sources and hierarchy of law; constitutional framework

Under Article 81 of the Constitution, who exercises the final power to determine the constitutionality of any law, order, regulation, or act?

The Emperor, on the advice of the Privy Council.
The Supreme Court, as the court of last resort with the power of judicial review. Correct answer.
The Diet, through its constitutional review committee.
The Cabinet, through the Cabinet Legislation Bureau.

Explanation

Article 81 designates the Supreme Court as the court of last resort with power to determine the constitutionality of any law, order, regulation, or official act. Lower courts also exercise this review in concrete cases, subject to Supreme Court review. The Cabinet, Diet committees, and Emperor do not hold this judicial power.

Question 10Sources and hierarchy of law; constitutional framework

A practising attorney argues that a municipal ordinance imposes a stricter environmental standard than the national statute on the same subject. Which principle governs whether the ordinance is valid?

Ordinances automatically override national statutes within the municipality.
Ordinances may set stricter standards provided they do not contravene national law, which sets a floor unless it expressly pre-empts. Correct answer.
Local ordinances may never regulate a field already covered by national statute.
Ordinances are valid only if they are identical to the national statute.

Explanation

Under the Local Autonomy Act, local ordinances must not contravene national law, but national statutes often set minimum standards that localities may exceed. The question turns on whether the statute expressly pre-empts local regulation or merely sets a floor. Ordinances neither automatically override statutes nor are barred simply because a field is regulated nationally.

Question 11Sources and hierarchy of law; constitutional framework

Which statement correctly describes the legal status of administrative guidance (行政指導) in the Japanese hierarchy of norms?

It is not formally binding law, though it may influence conduct and create reliance interests. Correct answer.
It automatically repeals conflicting statutes.
It is equivalent to a ministerial ordinance and enforceable as such.
It is a formal source of law binding on all parties within the agency's jurisdiction.

Explanation

Administrative guidance is informal direction by agencies that lacks binding legal force and is not a formal source of law. It can nonetheless shape conduct and, in some cases, generate legitimate expectations relevant to judicial review. It is not equivalent to a ministerial ordinance and cannot repeal statutes.

Question 12Sources and hierarchy of law; constitutional framework

A statute delegates to the Cabinet the power to set detailed technical standards by cabinet order. A party challenges the resulting cabinet order as exceeding the delegation. What is the key legal question?

Whether the cabinet order was approved by the Emperor.
Whether the cabinet order was published in the official gazette.
Whether the Diet has ratified the cabinet order by resolution.
Whether the delegation is sufficiently specific and the order stays within the scope of the enabling statute. Correct answer.

Explanation

Delegated legislation is valid only within the scope of the enabling statute; broad or vague delegations may raise constitutional concerns about the separation of powers and the Diet's law-making role. The controlling question is the specificity of the delegation and whether the order exceeds it. Publication and imperial approval are formal steps, not the substantive test.

Question 13Sources and hierarchy of law; constitutional framework

Which of the following best describes the constitutional principle of popular sovereignty in Japan?

Sovereignty rests with the Cabinet, which is accountable to the Emperor.
Political authority ultimately derives from the people, and the Emperor acts as a symbol of the State without governmental powers. Correct answer.
The Emperor holds sovereign power and delegates it to the Diet.
Sovereignty is shared equally between the Diet and the Supreme Court.

Explanation

The Preamble and Article 1 establish that sovereign power resides with the people and that the Emperor is a symbol of the State, deriving his position from the will of the people. The Emperor has no governmental powers. Sovereignty is not divided between branches or lodged in the Cabinet.

Question 14Sources and hierarchy of law; constitutional framework

Under the Japanese Constitution, which statement about the relationship between the Diet and the Cabinet is correct?

The Cabinet is responsible only to the Supreme Court.
The Cabinet selects the Prime Minister, who is then confirmed by the Emperor alone.
The Prime Minister is designated by the Diet, and the Cabinet is collectively responsible to the Diet. Correct answer.
The Diet is subordinate to the Cabinet in legislative matters.

Explanation

Article 67 provides that the Prime Minister is designated by a resolution of the Diet, and Article 66 makes the Cabinet collectively responsible to the Diet. This reflects the parliamentary cabinet system established by the Constitution. The Diet is the highest organ of state power and is not subordinate to the Cabinet.

Question 15Sources and hierarchy of law; constitutional framework

A prefectural assembly enacts an ordinance that conflicts with a national statute. What is the legal effect of that conflict?

The conflicting portion of the ordinance is invalid to the extent of the conflict. Correct answer.
The ordinance remains valid because local autonomy is constitutionally guaranteed.
The conflict is resolved by a referendum of prefectural voters.
The national statute is suspended within the prefecture.

Explanation

The Local Autonomy Act provides that local ordinances must not contravene national law, so a conflicting portion is invalid to the extent of the conflict. Local autonomy does not license conflict with national statutes. A locality cannot suspend national law, and referendums do not resolve such conflicts.

Question 16Sources and hierarchy of law; constitutional framework

Which of the following sources of law is created by the courts in Japan and functions as a binding rule in practice?

Judicial precedents (判例), which guide lower courts though not formally a primary source. Correct answer.
Cabinet orders (政令).
Administrative circulars (通達).
Local ordinances (条例).

Explanation

Japan follows a civil-law tradition in which judicial precedent is not formally a primary source of law, but Supreme Court decisions strongly guide lower courts and operate as de facto binding rules. Cabinet orders and ordinances are enacted instruments, and circulars are internal guidance. Precedent functions as an important interpretive source.

Question 17Sources and hierarchy of law; constitutional framework

The Preamble to the Japanese Constitution declares that the people desire peace and that government is a sacred trust whose authority derives from the people. What is the principal legal significance of the Preamble?

It operates as an ordinary statute that can be amended by the Diet.
It serves as an interpretive guide to constitutional provisions such as popular sovereignty and pacifism. Correct answer.
It overrides the text of specific constitutional articles in case of conflict.
It has no legal significance and is purely rhetorical.

Explanation

The Preamble is not merely aspirational; courts and scholars use it to interpret the Constitution's substantive provisions, particularly popular sovereignty and pacifism. It is not an ordinary statute and does not override specific articles. It is not treated as legally irrelevant.

Question 18Sources and hierarchy of law; constitutional framework

Under the Constitution, which body is the highest organ of state power and the sole law-making organ of the State?

The Emperor
The Diet Correct answer.
The Supreme Court
The Cabinet

Explanation

Article 41 designates the Diet as the highest organ of state power and the sole law-making organ of the State. The Cabinet exercises executive power, the Supreme Court heads the judiciary, and the Emperor performs ceremonial acts in matters of state. Only the Diet enacts statutes.

Question 19Sources and hierarchy of law; constitutional framework

A citizen argues that a treaty Japan has signed but not yet ratified should be applied by a domestic court. Which statement best reflects Japanese law?

Treaties never have domestic effect in Japan.
Treaties apply domestically only after being re-enacted as statutes.
Treaties require ratification and promulgation before they have domestic legal effect. Correct answer.
Signed treaties bind domestic courts immediately upon signature.

Explanation

For a treaty to have domestic effect, Japan must ratify it and promulgate it in the official gazette; only then does it bind domestic courts under Article 98(2). Mere signature does not create domestic legal effect. Treaties do have domestic effect once ratified and promulgated, without re-enactment.

Question 20Sources and hierarchy of law; constitutional framework

Which statement accurately describes the relationship between the Constitution and treaties under Japanese law?

Treaties can amend the Constitution without the Article 96 procedure.
Treaties automatically prevail over the Constitution in all cases.
Treaties and the Constitution are entirely unrelated instruments.
The Constitution is the supreme law, and treaties must be consistent with it. Correct answer.

Explanation

Article 98 establishes the Constitution as the supreme law of the nation, and treaties are to be faithfully observed consistently with it. Treaties cannot override the Constitution or amend it; amendment requires the Article 96 procedure. The two instruments are closely related in the hierarchy of norms.

Question 21Sources and hierarchy of law; constitutional framework

Which of the following is an example of subordinate legislation created by an administrative agency rather than by the Diet?

A 判例 (judicial precedent)
A 法律 (statute)
A 政令 (cabinet order) Correct answer.
A 条例 (local ordinance)

Explanation

Cabinet orders are subordinate legislation issued by the Cabinet, often under delegated authority, and are distinct from Diet-enacted statutes. Local ordinances are enacted by local assemblies, and judicial precedent is not enacted legislation. Subordinate legislation must remain within the bounds of the enabling statute.

Question 22Sources and hierarchy of law; constitutional framework

A party contends that a statute violates the constitutional guarantee of equality before the law. Which court may first determine the constitutionality of the statute in a concrete case?

Only the Cabinet Legislation Bureau may address it.
Any court with jurisdiction over the case may review it, subject to final review by the Supreme Court. Correct answer.
Only the Supreme Court may address it, and only in the abstract.
Only the Diet's constitutional committee may address it.

Explanation

Japanese courts exercise concrete judicial review, so any court with jurisdiction may determine constitutionality in a pending case, subject to final review by the Supreme Court under Article 81. Review is not confined to the Supreme Court, and political bodies do not exercise judicial review. Abstract review is not the ordinary model.

Question 23Sources and hierarchy of law; constitutional framework

Which statement best explains why the Japanese Constitution is regarded as the supreme law of the nation?

Because Article 98 declares its supremacy and voids contrary laws, ordinances, and acts. Correct answer.
Because the Emperor personally approves every statute.
Because the Diet may amend it by simple majority.
Because the Supreme Court enacts it.

Explanation

Article 98 expressly declares the Constitution the supreme law and provides that contrary laws, ordinances, and acts are void. This supremacy is a textual constitutional command, not a product of imperial approval or judicial enactment. Amendment requires the Article 96 procedure rather than a simple majority.

Question 24Sources and hierarchy of law; constitutional framework

Which of the following best describes the place of ministerial ordinances (省令) in the Japanese hierarchy of norms?

They are subordinate legislation issued by ministers and rank below cabinet orders. Correct answer.
They are enacted by local assemblies.
They rank above statutes and can override them.
They are equivalent to the Constitution.

Explanation

Ministerial ordinances are subordinate legislation issued by the heads of administrative ministries to implement statutes and cabinet orders. They rank below statutes and cabinet orders and cannot override them. They are not enacted by local assemblies and are not constitutional instruments.

Question 25Court system, jurisdiction and competence

Which court is the ordinary court of first instance for a claim for payment of 3,000,000 yen in the first instance?

The District Court Correct answer.
The Summary Court
The High Court
The Supreme Court

Explanation

Under the Court Organization Act, the District Court has general first-instance jurisdiction over civil claims, and monetary claims of 3,000,000 yen far exceed the Summary Court's 1,400,000 yen limit. The High Court and Supreme Court function as appellate courts in such matters.

Question 26Court system, jurisdiction and competence

What is the maximum monetary value of a civil claim that a Summary Court may hear in the first instance?

1,400,000 yen Correct answer.
1,000,000 yen
500,000 yen
3,000,000 yen

Explanation

The Summary Court's civil jurisdiction is limited to claims whose value does not exceed 1,400,000 yen. Claims above that threshold must be filed with the District Court.

Question 27Court system, jurisdiction and competence

Which court has exclusive jurisdiction over an action to annul an administrative disposition where the statute provides that the High Court located at the seat of the defendant's general venue has exclusive jurisdiction?

The High Court Correct answer.
The District Court
The Family Court
The Summary Court

Explanation

Where a statute confers exclusive jurisdiction on a specific High Court over an administrative action, that designation displaces the general venue rules. The High Court then hears the case at first instance.

Question 28Court system, jurisdiction and competence

A defendant wishes to challenge the territorial jurisdiction of the court in which an action was filed. Which procedural step is appropriate?

Request that the presiding judge recuse himself without stating grounds
File a separate action in the Supreme Court
Raise the objection for the first time in the appellate brief
File a motion to transfer venue before making any statement on the merits Correct answer.

Explanation

An objection to territorial jurisdiction must be raised by motion before the defendant makes any statement on the merits, otherwise the objection is waived and the court may find the defendant has submitted to jurisdiction.

Question 29Court system, jurisdiction and competence

Which of the following is a general venue for a civil action against a natural person under the Code of Civil Procedure?

The court at the place where the contract was drafted
The court at the defendant's domicile Correct answer.
The court at the place where the plaintiff's attorney maintains an office
The court at the place where the plaintiff resides

Explanation

The general venue for an action against a natural person is the court with jurisdiction over the defendant's domicile, and if the defendant has no domicile in Japan, the place of residence. The plaintiff's own domicile is not a general venue.

Question 30Court system, jurisdiction and competence

An action is brought against a company whose registered head office is in Osaka, but the tort occurred in Tokyo. May the plaintiff sue in the Tokyo District Court?

Yes, because the place of the tort is a special venue for tort claims Correct answer.
Yes, but only if the defendant consents in writing after filing
No, because only the defendant's head office establishes venue
No, because tort claims must be filed where the plaintiff resides

Explanation

For tort claims, the place where the tortious act occurred is a statutory special venue in addition to the defendant's general venue. The plaintiff may therefore choose the Tokyo District Court.

Question 31Court system, jurisdiction and competence

When may a court transfer a case to another court by its own authority?

When the court finds it appropriate in view of the parties' circumstances or for other significant reasons Correct answer.
Only when the presiding judge is related to a party
Only when both parties jointly request transfer
Only when the claim value exceeds 1,400,000 yen

Explanation

The Code of Civil Procedure permits a court to transfer a case to another court when it deems it appropriate in view of the parties' circumstances, such as their addresses, or for other significant reasons. This is a discretionary transfer of venue.

Question 32Court system, jurisdiction and competence

Which court has jurisdiction over a divorce action between spouses?

The High Court
The District Court
The Family Court Correct answer.
The Summary Court

Explanation

Divorce actions are personal-status matters within the exclusive jurisdiction of the Family Court. The District Court and Summary Court do not hear them in the first instance.

Question 33Court system, jurisdiction and competence

What is the standard of review when a party appeals a District Court judgment to the High Court?

The High Court reviews only whether the judgment is manifestly unjust
The High Court reviews only errors of law and not findings of fact
The High Court reviews only procedural irregularities
The High Court conducts a review of both facts and law as the second instance Correct answer.

Explanation

An appeal to the High Court is a second-instance review in which the appellate court examines both the facts and the law. It is not limited to questions of law or to manifest injustice.

Question 34Court system, jurisdiction and competence

A party wishes to appeal a High Court judgment to the Supreme Court. Which ground is required?

Any disagreement with the factual findings of the High Court
The desire to present new evidence not submitted at trial
A violation of the Constitution or a conflict with Supreme Court precedent Correct answer.
The fact that the claim value exceeds 10,000,000 yen

Explanation

An appeal to the Supreme Court lies where the High Court judgment violates the Constitution or conflicts with Supreme Court precedent, among other statutory grounds. Ordinary dissatisfaction with factual findings does not suffice.

Question 35Court system, jurisdiction and competence

What is the function of a Summary Court in criminal matters?

It hears only felony cases punishable by imprisonment for life
It hears all criminal cases in the first instance
It hears only cases involving juvenile offenders
It hears certain misdemeanors and imposes fines or short imprisonment Correct answer.

Explanation

Summary Courts have jurisdiction over certain minor criminal cases, such as misdemeanors, and may impose fines or short terms of imprisonment within statutory limits. Serious felonies are not within their jurisdiction.

Question 36Court system, jurisdiction and competence

Which body has the authority to determine whether a statute is unconstitutional in a concrete case?

The National Diet's Judicial Affairs Committee
The courts, with the Supreme Court as the court of last resort Correct answer.
The Prosecutors' Office
The Cabinet's Legislative Bureau

Explanation

Under the Constitution, the courts exercise judicial review over the constitutionality of statutes in concrete cases, and the Supreme Court is the court of last resort. The Diet and prosecutors lack this adjudicative power.

Question 37Court system, jurisdiction and competence

A case is pending in the District Court, and the amount in controversy is later found to exceed the court's jurisdiction. What is the appropriate consequence?

The court converts the action into a Summary Court proceeding
The court transfers the case to the court with jurisdiction Correct answer.
The court must dismiss the action for lack of jurisdiction and the plaintiff must refile
The court may hear the case if the parties consent after the close of pleadings

Explanation

When a court lacks subject-matter jurisdiction, it transfers the case to the competent court rather than dismissing it outright. This preserves the plaintiff's action and avoids unnecessary refiling.

Question 38Court system, jurisdiction and competence

Which of the following best describes the relationship between jurisdiction and venue in Japanese civil procedure?

Jurisdiction and venue are synonymous and interchangeable
Jurisdiction refers to the type of court, while venue refers to which court of that type may hear the case Correct answer.
Jurisdiction applies only to criminal cases, while venue applies only to civil cases
Venue determines the type of court, while jurisdiction determines the geographic location

Explanation

Jurisdiction concerns the allocation of cases among types of courts, such as Summary, District, Family, and High Courts. Venue concerns which particular court within a type may hear the case based on the parties and the claim.

Question 39Court system, jurisdiction and competence

A plaintiff sues a defendant who has no domicile in Japan but resides in Japan. Where is the general venue?

The court at the plaintiff's domicile
The court at the place where the defendant last had a domicile abroad
The court at the defendant's place of residence Correct answer.
The court at the place where the contract was performed

Explanation

If the defendant has no domicile in Japan, the place of residence serves as the basis for general venue. The plaintiff's domicile is not a substitute.

Question 40Court system, jurisdiction and competence

Which court hears an appeal from a Summary Court civil judgment?

The District Court Correct answer.
The Family Court
The Supreme Court
The High Court

Explanation

An appeal from a Summary Court civil judgment is heard by the District Court, which sits as the second instance for such cases. The High Court hears appeals from District Court judgments.

Question 41Court system, jurisdiction and competence

What is the effect of an agreement between parties to confer jurisdiction on a specific court by contract?

It is valid if it concerns a specific legal relationship and the chosen court has subject-matter jurisdiction Correct answer.
It is valid only if the chosen court is the Supreme Court
It is valid only in criminal matters
It is void because jurisdiction cannot be created by agreement

Explanation

The Code of Civil Procedure recognizes agreements conferring jurisdiction where the agreement relates to a specific legal relationship and the chosen court has subject-matter jurisdiction over the case. Such agreements cannot override the allocation of jurisdiction among court types.

Question 42Court system, jurisdiction and competence

Which of the following matters falls within the exclusive jurisdiction of the Family Court?

A dispute over a commercial sales contract
A claim for damages arising from a traffic accident
An action to annul a patent decision
An action to determine the parentage of a child Correct answer.

Explanation

Actions concerning personal status, such as determining parentage, fall within the exclusive jurisdiction of the Family Court. Ordinary civil and commercial disputes belong to the District or Summary Court.

Question 43Court system, jurisdiction and competence

A Tokyo High Court judgment is challenged on the ground that it conflicts with a Supreme Court precedent. What is the proper procedural route?

File a final appeal (jokoku) with the Supreme Court Correct answer.
File a motion for retrial with the Family Court
File an appeal with the District Court
File a constitutional complaint with the Cabinet

Explanation

A conflict with Supreme Court precedent is a statutory ground for a final appeal to the Supreme Court. The appeal is filed with the Supreme Court, which reviews the legal question.

Question 44Court system, jurisdiction and competence

Which court has jurisdiction over an action to annul a decision of the Japan Patent Office?

The Intellectual Property High Court as a special branch of the Tokyo High Court Correct answer.
The Tokyo High Court
The Tokyo District Court
The Supreme Court

Explanation

Actions to annul decisions of the Japan Patent Office are within the exclusive jurisdiction of the Tokyo High Court, and in practice are handled by the Intellectual Property High Court, a special branch established within the Tokyo High Court.

Question 45Court system, jurisdiction and competence

What is the role of the Supreme Court in the Japanese judicial system?

It supervises the conduct of prosecutors
It hears all criminal cases at first instance
It is the court of last resort and exercises final appellate review Correct answer.
It drafts legislation for the Diet

Explanation

The Supreme Court is the highest court and the court of last resort, exercising final appellate review over legal questions. It does not hear ordinary cases at first instance.

Question 46Court system, jurisdiction and competence

A defendant in a civil action appears and argues the merits without objecting to venue. What is the consequence?

The defendant may later raise the venue objection at any time
The defendant is deemed to have submitted to the court's jurisdiction over venue Correct answer.
The action is dismissed for lack of jurisdiction
The court must transfer the case automatically

Explanation

If the defendant fails to raise a venue objection before arguing the merits, the defendant is deemed to have agreed to the venue and the objection is waived. The court may then proceed.

Question 47Court system, jurisdiction and competence

Which of the following statements about the Summary Court's criminal jurisdiction is accurate?

It may impose the death penalty in exceptional cases
It may hear only cases where the accused pleads guilty
It may impose imprisonment for up to three years
It may impose fines and short imprisonment within statutory limits Correct answer.

Explanation

Summary Courts may impose fines and short terms of imprisonment within statutory limits for certain minor offenses. They cannot impose the death penalty or hear serious felonies.

Question 48Court system, jurisdiction and competence

A case involves both a claim within the Summary Court's jurisdiction and a related claim exceeding it. How should the action be filed?

The claims must be split and filed in separate courts
The action must be filed in the District Court because the total value exceeds the Summary Court limit Correct answer.
The action may be filed in the Summary Court if the parties agree
The action must be filed in the High Court

Explanation

Where the total value of the claims in the action exceeds the Summary Court's monetary limit, the action falls within the District Court's jurisdiction. The claims are not split merely because one would independently fit the Summary Court.

Question 49Civil procedure and evidence

Under the general rule on territorial jurisdiction in civil proceedings, which court has jurisdiction over a contract claim?

Only the court of the place where the contract was signed
The court of the defendant's domicile, or the court of the place where the contract is to be performed Correct answer.
Only the court designated by the parties after the dispute arises
The court of the plaintiff's domicile in every case

Explanation

The general basis of territorial jurisdiction is the defendant's domicile, and in contract matters the place of performance supplies a special basis, so the plaintiff may choose between them. Neither the plaintiff's domicile nor the place of signature operates as a general basis, and a choice-of-court agreement is a separate, optional mechanism rather than the only permissible forum.

Question 50Civil procedure and evidence

A defendant wishes to challenge the court's territorial jurisdiction. When must this objection generally be raised?

Only after the court has issued a final judgment on the merits
In the statement of defence on the merits, at the latest before the first hearing on substance Correct answer.
Only in a separate action filed before the same court
At any time before the judgment becomes final

Explanation

A jurisdictional objection is a procedural defence that must be asserted early, before the defendant addresses the substance of the case. Raising it later is treated as a waiver, because the defendant has submitted to the court by defending on the merits.