This research paper elaborates on the structures and functions of the Japanese judicial system. This report speaks on the different courts, the court judges, and extra court officials. It introduces the Public Prosecutors, their assistants and the prosecutors’ offices and the functions of those offices throughout Japan. The paper mentions the amount(s) of each of these buildings, officials, and offices; including the types of cases these courts handle. Also you will read about the qualifications that someone has to accomplish in Japan to be qualified as a judge. Information in this paper will show similarities and differences between the American judicial system and the Japanese Judicial system.
Japanese Courts
There are five types of courts in Japan. Number one is the Supreme Court, number two is the High Court, number three are District Courts, number four are Family Courts, and number five are Summary Courts. The Summary Courts handle civil cases involving claims that don’t go over 900,000 yen or 11,711.54 dollars US; and criminal cases that are associated to offences punishable by fines or lower penalties, and civil disagreements. There are four hundred thirty eight locations throughout Japan. These cases are handled by a lone summary court judge.
The District Courts handle most types of civil and criminal cases. There are fifty locations throughout Japan with different branch offices in two hundred three locations. Most cases are tended to by a single judge, separate from those cases in which “it has been decided that hearing and judgment shall be made by a collegiate court or cases where the crimes are punishable by imprisonment with or without labor for a minimum period of no less than one year” (Wilson, 2009).
The Fa...
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...will now be on six subjects; the constitution of Japan, the civil code, the penal code, commercial law, and the code of civil procedure and code of criminal procedure. The oral section will be on five subjects; the constitution of Japan, the civil code, the penal code, code of civil and code of criminal procedure.
Work Cited
Secretariat, J.R.C. (July, 1999). Japanese Judicial System. Retrieved from
http://www.kantei.go.jp/foreign/judiciary/0620system.html
Wilson. L. (2009, May 2). Japan [Web log message]. Retrieved from
http://judo2009-blog.blogspot.com/2009/05/japan.html
Central Intelligence Agency. (08 N). Retrieved from
http://www.cia.gov/library/publications/the-world-factbook/geos/ja.html
“Japan” World mark Encyclopedia of the Nations. 2007 Retrieved November 21, 2001 from
Encyclopedia.com: http://www.encyclopedia.com/doc/1G2-2586700204.html
...er to adjudicate a case, or hear about a case and then decide on it. These types of cases do not involve as many parties to reach decision. Criminal cases for example, typically involve a plaintiff, defendant, a lawyer for each party, a judge, and a jury. Administrative law cases do not have a jury. A judge will then make a decision after all evidence is reviewed. If the party is not pleased with that decision may appeal the case. From there, it is heard by an appellate board. If the party is still displeased, they can request that it be appealed a second time and it is then moved to federal court (Beatty, Samuelson, Bredeson 68).
In addition to this, the analysis of law was not considered thoroughly during judicial decisions. Therefore, the court uses backward reasoning where it uses the expected results it wants to deduce to make decisions. Such activities in the justice department have a lot of impediments to the impartiality of judicial system. The rights of the criminal in many instances are affected by the use of such methods to deliver justice. According to Marshall, the legal analysis used to determine the outcome of the courts has reduced since the changes in the judicial system. The rights of the individuals have significantly reduced with the changes in the court system because only the nine judges are privy to the outcome of the court proceedings; they are also not liable to the questions that may be raised about the legality of their
The United States district courts are the trial courts. This is where all federal cases are tried. In the United States there are 94 federal judicial districts. Each district court has at least one United States district judge, appointed by the president and confirmed by the senate for a life term.
However, the U.S. District Courts are required to handle these two special cases, which are the cases from the Court of International Trade and U.S. Court of Federal Claims. In addition, every district with Federal district courts also has one U.S. bankruptcy court. California Superior Courts, in contract, take care of "appeals of small claims cases and other civil cases worth $25,000 or less and appeals of misdemeanor cases" (Superior Court of California). An example can be found where a citizen violated the state law and was sued by the state government.
The court system of any country is a fundamental aspect of the society. In this respect, there are no public institutions in Canada which are subject to public scrutiny like the court system. People expectations of how they are treated by others are guided by laws made by various levels of institutions of justice. The Canadian judicial system, particularly, has undergone major developments and challenges as well. This paper explores three published articles that report on the problem of patronage appointments what lies behind the confidence in the justice system and the relevance of gender and gender equality in the legal profession.
The judges that are a part of this group has many different roles, some of which are to issues warrants, making a determination of probable cause in evidence, denying or granting bail to offenders, overseeing trials, making rulings on different motions and even overseeing hearings. The prosecuting attorney is the one who will represent that state in c...
United States Department of Education. The Educational System in Japan: A Case Study. By the U.S.D.E. June 1998. 28 November. 2002 http://www.ed.gov/pubs/JapanCaseStudy/
The U.S. district courts are the case courts of the federal court system. “Federal district courts have original jurisdiction over all cases involving alleged violations of federal statutes.” A community can be branched into segments, and it can have many places where the court trials different cases. “U.S. district courts handle tens of thousands of cases per year (Schmalleger).”
The US court system consists of a trial court, an appellate court, and a supreme or high court. The trial court is the first to hear the facts of a case and has original jurisdiction. The appellate court hears cases whose resolution is disputed by the losing party in the trial court. The supreme or high court hears cases whose outcome is disputed by the losing party in the appellate court. The supreme or high court chooses which cases warrant a hearing. The federal and the state court system have the same basic structure. Each consists of a trial court, an appellate court, and a supreme or high court. The Federal Court of Appeals has thirteen (13) circuits which cover most states except the District of Columbia. The federal system also has specialty courts such as the Court of Federal Claims and the United States Tax Court.
Champion, D. J., Hartley, R. D., & Rabe, G. A. (2012). Criminal Courts: Structure, process, and
The Japanese government isn't all that much different than that of which we Americans have. Both countries have an executive leader, which is the Japanese Prime Minister, and of course the American President. Both countries also have a constitution, the Japanese was not written by choice though, but written under General MacArthur's supervision in 1946 following their surrender in World War II, when an Occupation Government was also set up for them, most likely not by choice. Their constitution is almost identical to ours because it states that political power rests with the people, and also starts out the same as ours by saying; We, the Japanese People. Both countries have a legislature, which theirs is called the "National Diet."
all judiciary cases in which any fact is involved,) or may they act by representatives, freely and
criminal and civil courts. There are a larger number of courts and some of them are inferior
The right to trial by jury in the modern times originates from twelfth century England during the reign of King Henry II. This system may originate from an “ancient right for an accused to be tried only “by the lawful judgment of his equals or by the law of the land”” (Thomas). In the United States, trial by jury is mentioned in Article Three of the Constitution and the Fifth, Sixth, and Seventh Amendments. For many people, the jury system seems to be the fairest system and most unbiased way of determining a person’s innocence or guilt. The system is to make sure that all receive fair trial despite their race, gender, national origin, religion, political affiliation, or color. Jury service is distinct in being the only form of civic participation that is required for almost all citizens to perform today. Though as with all things this system is not perfect and still has its own consequences.
1. MALAYSIAN COURT SYSTEMThe purpose of this is to provide a brief overview of the Malaysian Court System. Whilstits intention is to familiarise readers with the function of Malaysian Courts, it is nosubstitute for professional legal advice which you should obtain whenever you areinvolved with the Courts. Such advice can be obtained from the numerous legal firms inthe country or from the various Legal Aid Centres.MAGISTRATES COURTThe Magistrates Courts deal with the vast majority of cases, both civil and criminal, andsit in almost all major towns in Malaysia. A) CIVIL JURISDICTION A Magistrates Court may hear a civil case when the amount in dispute does not exceed RM 25,000. Where the amount claimed does not exceed RM