Legal System and Cultural Influence in Japan

400 Words1 Page
bulb-icon

Recommended: Cross cultural conflict resolution strategy

The flexibility of the law allows the law to change in order to meet changing situations. However, from foreign viewpoint, the Japanese laws and regulations are too detailed, numerous, and restrictive. The Japanese judiciary system is an independent branch of the government. The judicial branch has equal power to the executive and legislative branches in Japan. After the World War II, the Supreme Court was created in Japan. The whole judicial power is vested in the Supreme Court, 8 high courts, 50 district courts, 50 family courts and 575 summary courts. All courts are administered by the Supreme Court, separate from the executive and legislative organs of government. Its power of judicial review extends to judging the validity of all laws and official acts.

The legal system of the American model and the Japanese model is different in some case. In Japan there are no separate municipal, county, state or federal systems. All courts are part of a single framework under the control of the Supreme Court. There are no jury trials in Japan, and all decisions are rendered by judges. Japan's chief justice is appointed by the emperor after being designated by the cabinet; the remaining 14 Supreme Court justices are appointed by the cabinet. All cases before the Japanese Supreme Court are appeals. Unlike the U.S. Supreme Court, the highest court in Japan does not have original jurisdiction in any matter. The Supreme Court selects all judges for inferior courts from the graduates of its Legal Training and Research Institute. The Supreme Court also operates a training institute for court clerks and a school for family court probation officers. All judges, public prosecutors and lawyers are required to get certificate from Legal Training and Research Institute.@

Traditionally, the Japanese are not a very litigious and prefer arbitration and compromise; the courts are used as a last resort. The arbitration method collaborates with Japanese preference for no confrontation. Since Japanese court does not have jury trials, the judges review the facts and the lawyers serve as advisors.

The form of arbitration in Japan resolves conflict through emphasizing compromise or conciliation. The lawsuit disrupts harmony and tranquility and therefore is not favored as form of dispute resolution. In Japan harmony is culturally very important to communicate with people. In the normal negotiation Japanese often promise without any paper contract unless it is important business.

Show More
Related

  • Evolution of the US Federal Judiciary: 1789 to Present

    1853 Words  | 4 Pages

    The transformation of the Federal Government Judiciary system established in 1789 and is built on three basic principles. It begins with at least one federal district courts in each state. An Example is if two parties are engaged in a lawsuit are unsatisfied with the courts verdicts it can appeal its case to the circuit courts. The court was composed of one district court and two Supreme Court justices. These appellate court justices meet twice a year to review cases of the lower court’s rulings. In 1869, Congress expanded the Supreme courts size to nine judges. The Supreme Court is the highest court in the United States for all cases under the U.S. Constitution. One Chief Justice runs the Court and the remaining eight justices preside under

    Read More

  • Criminal Justice System: The American Influence In Japan

    359 Words  | 1 Pages

    Japan, known as Nippon to its natives, is known for its exotic and captivating culture. Tokyo, its highest metropolitan area alone, is a sight to see. That is not what will be discussed in this essay though. Modeled after the European Civil law, but highly influenced by American legal traditions, Japan’s Criminal Justice System is intriguing to read about. Puzzled by the American influence? Japan’s defeat in World War II brought major change to the country, resulting in a Constitution much similar to the U.S. with three branches of government.

    Read More

  • Examples Of Mediation And Arbitration

    2602 Words  | 6 Pages

    This essay analysis Alternative Dispute Law and more specific mediation and arbitration sections. Mediation and Arbitration is part of Alternative Dispute resolution. In first part I will try explain the term without prejudice and its legal implications in the case of Unilever plc v The Procter & Gamble Co - [2001] 1 All ER 783. In the judgment of Robert Walker LJ in Unilever plc v The Procter & Gamble Co [2000] 1 WLR 2436 was described the most important exceptions to the without prejudice rule. Also there is analysis of mediation principle and received experience of mediation in the ADR lecture. Additionally analyzed Arbitration and more precisely Arbitrators impartiality and independence.

    Read More

  • Arbitration Clause And Separability Of Arbitration

    1858 Words  | 4 Pages

    Arbitration is a form of dispute method that seeks to bind parties to the arbitration. Lord Bingham defines arbitration being an “appointment of an independent arbitrator, often chosen by the parties, to rule on their dispute according to the terms of reference they give him. This can only be done by agreement, before or after the dispute arises, but where it is done the arbitrator has authority to make an award which is binding on the parties and enforceable by process of the courts”. Arbitration differs from litigation as only the parties to an arbitration agreement may be subject to the jurisdiction of the arbitrator. Whereas in litigation parties may be brought into ligation despite there will of not wanting to be involved.

    Read More

  • Disadvantages Of Arbitration

    1397 Words  | 3 Pages

    There are two types of arbitration, including private and judicial arbitration. The “private arbitration” is the simple form of the arbitration, and the arbitrator does not have to be a judge or any other government official. First of all, arbitration can save time and cost instead of a long trial and expensive lawsuit. It can be proven that the speed of solving the dispute is less than in court. One of the reasons that the businesses use the arbitration.

    Read More

  • Arbitration Essay

    913 Words  | 2 Pages

    Arbitration is a form of dispute resolution where a binding decision is issued by a neutral person usually selected by the parties involved. Arbitration has some advantages over litigation and can be more efficient, less time-consuming, and more cost-effective. These are some of the primary reasons why businesses may choose to include arbitration clauses in their agreements. Arbitration is different from other types of dispute resolutions as the arbitrator is selected by the parties. Unlike mediation and conciliation the arbitrator not only resolves the dispute but also makes a binding decision. Arbitration disputes usually arise from a variety of business deals such as merger and acquisition, financial services, construction and infrastructure,

    Read More

  • Advantages and Disadvantages of Alternative Dispute Resolution

    1901 Words  | 4 Pages

    ADR holds an extensive, easily influenced and diverging choice of processes for finding solutions to disputes which are personified by structured negotiation and consensus. It is regarded that arbitration is a familiar ADR technique, however, it is more of an official adjudicative and adversary technique initially a confidential litigation process which has more commonality to litigation than the more original consensual processes which symbolise ADR. As simplified by Angyal (Alternative Dispute Resolution, 1987, p. 11). "The key difference between ADR and those traditional techniques of litigation and arbitration is that ADR techniques are used to produce a resolution to dispute through a negotiated agreement while litigation and arbitration are processes by which a result is imposed on the parties. " We can say that many issues arise with terms.

    Read More

  • Judicial System In South Korea

    1119 Words  | 3 Pages

    According to Article 101 of the Constitution of Korea, courts are endowed with power to adjudicate all legal disputes, and the court operates in a three-tier system (Cho 6-7). At the bottom of the tier is the district court. There are currently 18 district courts in South Korea. These district courts are separated based on their geographic location within South Korea. Branch courts, family branch courts, family courts, administrative courts, and municipal courts are all taken care of under the district court. District courts present the original jurisdiction over civil and criminal cases. In general, a single judge presides over a case. However, a panel of three judges are in charge of cases when the sums in dispute exceed 100 million Korean won or if the money involved is incalculable in civil cases (Cho 7). In criminal cases if the sentence is death penalty, life imprisonment, or imprisonment of one year then a panel of three judges are in charge. As of August 2015, the district court has 39 Branch Court Chief Judges, 534 Presiding Judges, and 1,763 Judges. District courts also have jurisdiction over appeals against judgments made by a single judge of the district, branch or municipal court. This action is performed by three judges called appellate

    Read More

  • Essay On Arbitration Agreement

    2612 Words  | 6 Pages

    Ordinarily, “a party cannot be required to submit to arbitration any dispute which he has not agreed so to submit.” Consent has long been the foundation of arbitration , giving the process legitimacy and informing decisions about its nature and structure. In corollary, the powers which vest in the arbitrators find its root in the agreement to arbitrate where the parties agree to submit their grievances to arbitration. Hence, plausibly there are two sine qua non conditions for enforcing an arbitration agreement firstly, there should be in-fact an arbitration agreement and secondly, the dispute must fall within the scope of arbitration agreement. But, there is a growing trend where courts have decided that the arbitration is binding even to third parties (i.e. in legal terms a non signatory) which violates both principles set above. While some countries also take the route of pro-arbitration policy to bind third party i.e. any disagreement which relates to an arbitration clause is determined in favour of arbitration , United States Court (who favours arbitration as a federal public policy) acknowledged that the Federal Arbitration Act will not require arbitration unless the parties to the to the dispute have in fact agreed to refer the dispute to arbitration.10 Evidently, there is divergences in practices of countries. The following extracts of Tibor and Dr. Marc when positioned collectively explain the situation this paper seeks to address.

    Read More

  • The Pros and Cons of Alternative Dispute Resolution

    2720 Words  | 6 Pages

    This essay will provide a detailed examination of what Alternative dispute resolution (ADR) is, particularly mediation, the various techniques of ADR, the advantages and disadvantages of ADR; and whether or not courts should have the authority to compel individuals into undertaking mediation or other forms of ADR. This essay argues against courts having the power to compel litigants into mediation but may be afforded powers to encourage parties to go through mediation at first instance. This essay will base its arguments on whether courts should compel civil litigants to follow the ADR route upon the perceived advantages of ADR and its success rate. The contention of this essay is not that mediation is inappropriately used to settle disputes, but that court-ordered mediation is inappropriate.

    Read More

  • Transparency In Arbitration

    2989 Words  | 6 Pages

    Arbitration as a means of alternative dispute resolution has the key advantages of being more expeditious and confidential than the litigation process; therefore safeguarding the commercial interests of the parties to arbitrations. This public interest of; protecting the commercial nature of arbitration seems to be in collision with the public interest of citizens accessing information held by the state that might arise out of arbitration proceedings.

    Read More

  • Importance Of International Commercial Arbitration

    2365 Words  | 5 Pages

    ...n always seemed more attractive when the state had no institution in place to adequately settle disputes that arose in society. This is the case today when it comes to international commercial disputes. The judicial power of most countries does not meet the minimum standards to efficiently solve international trade related disputes. This is another good reason why international arbitration has been increasing. In sum, arbitration already has a very important presence in today’s society, and all the trends point to a bigger presence in the future.

    Read More

  • The Political Environment of the Philippines

    982 Words  | 2 Pages

    The Supreme Court is the highest court with jurisdiction over all cases affecting government officials, constitutionality of the law, presidential decree, proclamation, order, or regulation. The Intermediate Appellate court is also known as the court of appeals. The I.A. court system has special Muslim courts for Muslim Filipinos. I.A. also has a court of tax appeals along with the Sandiganbayan. The Sandiganbayan is another special court that is equivalent to the court of appeals and under presidential decree.

    Read More

  • Arbitration In Arbitration

    705 Words  | 2 Pages

    Another major factor differentiating national courts to arbitration is the rigidity of national court procedures. National courts follow civil procedures or rules to a way in which cases are conducted. “The procedural rules or code lay down the basis for the courts jurisdictions, the circumstances in which an action can be brought, which national court has jurisdiction over a particular type of dispute, how to initiate proceedings, what documents must be filed, the rights of reply, and how the case, generally, should be conducted”.

    Read More

  • Cultural Culture In Japan

    1365 Words  | 3 Pages

    Culturally Unique: Japan The country of Japan has a rich history from which many of their cultural values and traditions maintain their roots; however, they have certainly evolved over the course of the millennia. Japan has absolutely looked to their neighbors in Asia for influence in their modern day culture, but further continents such as Europe and even North America have had a significant impact as well. So much has changed for them throughout the years, socially and economically, as well as their military powers. For many people who have never been to Japan, some of their customs and values may be difficult to understand. Their society as a whole, abides by certain social standards that may seem foreign to an outsider.

    Read More

More about Legal System and Cultural Influence in Japan

Open Document