| Academic Year |
2026Year |
School/Graduate School |
Graduate School of Humanities and Social Sciences (Professional degree course) Division of Law School Program for Law Practice Professionals |
| Lecture Code |
PA372600 |
Subject Classification |
Specialized Education |
| Subject Name |
民事訴訟法演習1 |
Subject Name (Katakana) |
ミンジソショウホウエンシュウ1 |
Subject Name in English |
Seminar of Civil Procedure 1 |
| Instructor |
UEMUKAI TERUYOSHI,YASUNAGA YUJI |
Instructor (Katakana) |
ウエムカイ テルヨシ,ヤスナガ ユウジ |
| Campus |
Higashi-Senda |
Semester/Term |
2nd-Year, First Semester, First Semester |
| Days, Periods, and Classrooms |
(1st) Tues3-6 |
| Lesson Style |
Seminar |
Lesson Style (More Details) |
Face-to-face |
| The lectures assume that participants have thoroughly read the assigned textbooks, case law, and related materials, and have considered the issues presented in TKC. Classes are conducted in an interactive format that includes opportunities for questions and answers. While the basic knowledge required of all participants is covered in the textbooks and reference materials, each student’s advance preparation and review are essential for achieving a deeper understanding of the lecture content. |
| Credits |
2.0 |
Class Hours/Week |
4 |
Language of Instruction |
J
:
Japanese |
| Course Level |
6
:
Graduate Advanced
|
| Course Area(Area) |
24
:
Social Sciences |
| Course Area(Discipline) |
01
:
Law |
| Eligible Students |
|
| Keywords |
civil procedure |
| Special Subject for Teacher Education |
|
Special Subject |
|
Class Status within Educational Program (Applicable only to targeted subjects for undergraduate students) | Students are supposed to understand the proceedings of civil procedure in first instance. |
|---|
Criterion referenced Evaluation (Applicable only to targeted subjects for undergraduate students) | |
Class Objectives /Class Outline |
【Objectives】 To grasp the overall structure of civil litigation and to understand the principles of civil procedure through concrete examples. To identify the legal issues contained in civil dispute scenarios and to propose appropriate methods for resolving them. 【Course Overview】 In the first several sessions, we will review the fundamental structure and flow of first‑instance civil litigation proceedings. Based on this foundation, the course will then focus on topics that many students tend to find challenging—such as the principle of party disposition, the adversarial system, proof in civil litigation, evidentiary proceedings (including witness testimony and documentary evidence), and the effects of judgments, particularly res judicata. Using significant court decisions featured in teaching materials such as Hyakusen (Selected Precedents on Civil Procedure), the lectures will explore these topics in depth. The aim of this course is to enable students to identify basic issues of civil procedure embedded in concrete fact patterns and to develop appropriate strategies for addressing them. |
| Class Schedule |
1–2: Overview of Civil Litigation Procedures (I–II) After examining the structure and fundamental principles of the Code of Civil Procedure, the course reviews the flow of first‑instance civil proceedings. 3–4: Overview of Civil Litigation Procedures (III–IV) These sessions cover the basics of appellate procedures, as well as foundational issues relating to courts and parties. 5–6: The Adversarial System; Right to Be Heard and the Court’s Authority to Clarify (I–II) Important principles governing the hearing of civil cases are analyzed through examination of relevant judicial precedents. 7–8: Objective Scope of Res Judicata (I–II) The objective scope of res judicata is explored through analysis of concrete case examples. 9–10: Reopening Proceedings (I–II) Students will develop an understanding of the retrial system as a means of challenging a final and binding judgment. Exceptional cases in which a final judgment may be declared invalid are also examined. Procedures for asserting the invalidity of a withdrawal of action or a settlement are likewise discussed. 11–12: Temporal Limits of Res Judicata; Partial Claims and Remaining Claims These sessions address the temporal limits of res judicata, as well as doctrinal and judicial discussions concerning so‑called partial claims and remaining claims. 13–14: Legal Interest in Declaratory Relief; Prohibition of Duplicate Litigation Basic rules concerning litigation requirements—specifically, legal interest in seeking declaratory judgment and the prohibition of duplicate lawsuits—are examined. 15: Summary and Conclusion
Midterm and final examinations will be administered. |
Text/Reference Books,etc. |
Textbooks
Koichi Miki, Masatoshi Kasai, Shusuke Kakiuchi & Yugo Hishida, Legal Quest: Civil Procedure (5th ed., Yuhikaku, 2026). Jurist Extra Edition, Selected Supreme Court Cases on Civil Procedure (6th ed., Yuhikaku, 2023). |
PC or AV used in Class,etc. |
Text, Handouts, Microsoft Teams |
| (More Details) |
Text,Resume,PC and so on |
| Learning techniques to be incorporated |
|
Suggestions on Preparation and Review |
Please check on TKC for more information. |
| Requirements |
|
| Grading Method |
Midterm Examination: 40% Final Examination: 60% |
| Practical Experience |
|
| Summary of Practical Experience and Class Contents based on it |
|
| Message |
Please check on TKC for more information. |
| Other |
|
Please fill in the class improvement questionnaire which is carried out on all classes. Instructors will reflect on your feedback and utilize the information for improving their teaching. |