要件事実のプロ・岡口基一講師に聞く！1 要件事実って何？―予備試験・司法試験対策としての要件事実勉強法

Summary

In this video, Ito Makoto, the head of Ito Juku, introduces Okaguchi-sensei, a newly appointed lecturer for the school's pre-exam course. Okaguchi-sensei, a former civil court judge with over 30 years of experience, shares his journey of teaching and his deep passion for education. He highlights the importance of 'legal reconstruction of facts' in legal practice, particularly in preparation for Japan's pre-bar exam. The discussion touches on the significance of mastering the 'elements of facts' and its role in becoming a legal professional. Okaguchi-sensei's extensive expertise and dedication to teaching are central to the upcoming lectures.

Takeaways

• 😀 The speaker is Itoo Makoto, the head of Itoo Juku, introducing the special lecture by Okaguchi-sensei, a senior instructor at the school starting in April.
• 😀 Okaguchi-sensei, a former civil court judge with 30 years of experience, now works as a lecturer at Itoo Juku while also engaging in other activities like writing books and giving lectures across Japan.
• 😀 Okaguchi-sensei has always been passionate about teaching, having worked with university students and legal officers even during his time as a judge.
• 😀 He highlights that his early experiences of teaching children in his neighborhood, despite his busy schedule, sparked his interest in efficient teaching methods.
• 😀 The speaker, Itoo, feels fortunate to share a passion for education with Okaguchi-sensei and is excited to collaborate with him at Itoo Juku.
• 😀 The 2018 book written by Itoo, which became the second most popular on Amazon in its category, was briefly discussed, with a mention of how Okaguchi-sensei's book was ranked first.
• 😀 The topic of the lecture is 'Yoken Jijitsu' (legal facts), a concept crucial for law students, especially for those preparing for legal exams in Japan.
• 😀 Yoken Jijitsu involves reinterpreting raw facts from a legal perspective, an essential skill for professionals in law, such as judges and lawyers.
• 😀 One significant distinction in legal procedures is between raw facts presented by litigants and legally reconstructed facts presented by professionals, which the courts look for in legal documents.
• 😀 For legal professionals, mastering Yoken Jijitsu is not only a fundamental skill but also a requirement to pass exams such as the Bar Exam and the Preliminary Examination (Yobi-shiken).

Q & A

What is the main topic of the lecture in the transcript?

The lecture is about 'Requirements of Facts' (要件事実) for students preparing for the bar exam, which will be conducted by Professor Okaguchi.

What is Professor Okaguchi’s background?

Professor Okaguchi has worked as a civil court judge for around 30 years before joining the Ito-juku as a senior lecturer. In addition to his teaching role, he is involved in writing books, providing legal consultation, and delivering public lectures.

What was Professor Okaguchi’s interest in teaching?

Professor Okaguchi has had an interest in teaching since his university days, where he taught local children and later tutored people preparing for legal exams and training courses.

Why did Professor Okaguchi start teaching early in his career?

Due to financial constraints during his university years, Professor Okaguchi began teaching local children to earn extra money while studying. This led to a natural progression into teaching legal concepts and tutoring.

What is the difference between writing facts in a lawsuit by a professional and a layperson?

When a layperson, such as a self-represented litigant, writes facts in a lawsuit, they often write them as raw, unprocessed facts. However, legal professionals like lawyers or judicial scriveners are expected to reframe these facts legally, constructing them to fit the legal requirements for a lawsuit.

How is 'Requirements of Facts' used in legal practice?

The 'Requirements of Facts' involves reconstituting raw facts into a legally acceptable format to ensure they align with legal principles and can be properly used in court. This is an essential skill for legal professionals to demonstrate their competency in writing legal documents.

Why is 'Requirements of Facts' a critical skill for legal professionals?

'Requirements of Facts' is crucial because it helps ensure that legal documents, such as lawsuits, are written correctly and meet the necessary legal standards. It is a basic and essential skill for aspiring legal professionals.

What role does 'Requirements of Facts' play in the bar exam?

'Requirements of Facts' is a key component of the bar exam, particularly in the practical sections related to civil law. The ability to apply legal principles and correctly frame facts in legal terms is tested during the exam.

How did Professor Okaguchi help students in the past with their legal studies?

Professor Okaguchi has contributed by organizing study sessions, providing online resources, and even offering downloadable materials for those studying for legal exams. He has a history of helping legal trainees and exam candidates in various ways.

What are some notable aspects of Professor Okaguchi’s approach to teaching?

Professor Okaguchi focuses on practical teaching methods, aiming to make complex legal concepts understandable. His experience as a judge gives him a practical perspective, and he emphasizes the importance of mastering the core legal principles that are tested in exams.