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22. 判例を探す(国内編)/Find Legal Reports (Domestic): English

Description

Beginning with the Supreme Court, Japan has over 500 courts that hand down decisions daily. However, decisions available in case reports compilations, journals, databases, or even the Supreme Court website constitute a small fraction of all case law. Therefore, when researching case law, remember that not every decision is readily available. Most decisions compiled in the case report compilations are currently available online. 

Using Digital Documents

Besides free websites recording judicial decisions, Waseda University has contracted multiple case law databases. These databases contain case law, relevant ordinances, publications, and related judicial decisions, providing valuable services not available on free websites. Additionally, some academic journals might be available for reading.

Free Websites

Free websites include those maintained by public institutions, corporations, or individuals. Sites with no author should be considered unreliable and avoided when looking for references.

Supreme Court Search Engine.
The search engine can be accessed from the “Judgements of the Japanese Courts” tabs. Users can search by keywords, date of judgment, case number, and in the case of Supreme Court Cases, either Grand or Petty bench. In addition, users look for “high courts,” “district courts,” “family courts,” or “summary” judgments. The English version of the site returns English summaries and translations of the cases after 1950, but with fewer results. The Japanese version is more comprehensive and has the complete text as PDF files. Parties’ names are censored in modern decisions. 

裁判所判例Watch 

Judicial Decisions Search Engine.Japanese only.
This site lists new decisions by month and links the text as HTML or Text file.

Tips for Using Contracted Database

The number of results and update date varies depending on the database. However, it usually takes one month before the most recent journals are uploaded. All databases allow for keyword searches, but users can get better results using the decision’s date, the court’s name, or reference information. If accessing from outside campus, please log in from the 「Off-Campus Access」page. 

Daichi Hoki Law Database.
List many decisions not published in public compilations. After logging in to the database, select the “judicial decisions” (判例) and begin searching from the “search criteria” (条件検索) sub-tab. The keyword search permits “synonym search.” Users can also search by “Publication Name,” including the page number. From the “new decisions” tab, users can search by provision or legal issue, and from the “index search” tab by court name. The “Commentary” tab on the result page will return links to the “Hanrei Times” or the “Jurist” commentary on the decision. 

Comprehensive full-text database of published judicial decisions from 1895 to the present. After logging in to the database, begin search from the “general search” (判例総合検索) tab. Using the “synonym search option” (同義語設定) allows for a more comprehensive search. If you know the publication information, you can search from “document” (掲載文献) but cannot specify the page. Do not use the browser’s back button, instead click on the button under the LEX/DB logo to navigate the site. This database has few commentaries.

After logging into the database, select the “Case Law” (判例体系) and the “to the search page” (検索画面へ) to begin searching. The “free word” (フリーキーワード) tab searches using keywords. Users can choose the type of case: civil (民事) or criminal (刑事), and search all (すべて), the abstract(要旨), or the text (全文). Using the “court information” (裁判情報) option, users can look up cases using the court’s name, date of judgment, case number, case name, or the name of the judge or judges. The “source and commentary” (出典・評釈) option allows for searches of law journals, including the issue and volume number, and the page. Using the “reference provisions” (参照条文) option, users can search for specific provisions. Under the “systematic index search” (体系目次検索) tab user can search by topic or select from a list of ordinances. 
The result page presents users with a list of cases grouped by date. The selected case will be displayed to the right with three tabs “summary” (要旨), “full text” (全文), “commentary” (解説). In addition, user can access case law commentary published in the Hanrei Times law journal, if available.

Newspaper’s Articles Databases

To look up case law by the name used by newspapers or on TV, first, use a newspaper article database to identify the court’s name and the date of the decision, then use that information to search for the decision in law databases. For example, if, when looking for the so-called “Blue LED case,” a case that revolved around the amount paid to the inventor of the blue LED lights, users searched by the common case name without the ruling’s date they would be met with numerous unrelated and untrustworthy results.

Common Names for Case Reports Compilations or Commentary Publications

Case reports compilations and commentary journals have commonly used names such as “minshu” (民集), “keishu” (刑集), “hanta” (判タ), or “hanji” (判時). The official names can be found in the following publications: 法律学習マニュアル/弥永真生、or リーガル・リサーチ/いしかわまりこ.Furthermore, you can consult the following websites:

Using Booklets

Official Case Reports Compilations

As the publication of rulings on the Supreme Court website advances, case reports in booklet form have become an internal document, not for sale. However, these reports include information not published on the Supreme Court website. Here you will find information on currently published case reports compilations.

Since 1947, Supreme Court case reports have been recorded in the Supreme Court Civil Cases Reports Compilation and the Supreme Court Criminal Cases Reports Compilation. At the library, civil and administrative cases can be found in the Supreme Court Cases Reports Compilation Civil section (最高裁判所判例集.民事), while criminal cases are located in the Supreme Court Cases Reports Compilation Criminal section (最高裁判所判例集.刑事). Information not published on the Supreme Court website or contracted databases, such as the parties’ names, appeal documents, etc. is available in these compilations. 

Since 1953, Tokyo High Court’s decisions are recorded in civil and criminal sections. At the library, civil and administrative cases can be found in the Tokyo High Court Decisions Civil section (東京高等裁判所判決時報.民事), while criminal cases are located at the Tokyo High Court Decisions Criminal section(東京高等裁判所判決時報.刑事). 

Contains records of family courts’ cases, commentary, research, communications, replies, and other documents dating back to 1949. The first issue has a different title (家庭裁判所月報). Index included.

  • 訟務月報[法務省訟務局] (Journal)
    Monthly reports of the Ministry of Justice.

Contains records of civil, administrative, and tax-related cases where the state is a party dating back to 1955. The year’s first issue includes an appendix with a recollection of the previous year’s cases and an index.

Case Law Journals

Case law journals include the full text of judicial decisions selected by the publisher. However, they contain more cases than official case reports and are published faster. In addition, these journals include case commentaries, making them useful for learning. Below are listed the most representative journals. 

General Journals

Specialized Journals

  • 労働判例[産労総合研究所](Journal)
    Labor Case Law.
  • 金融・商事判例[経済法令研究会](Journal)
    The financial and business law precedents.
  • 金融法務事情[金融財政事情研究会](Journal)
    Kinzai the financial law journal.

Finding Case Law Commentaries

Scholars and professionals’ comments on cases hold a unique position on the interpretation and application of the law. Therefore, they are an indispensable resource when learning and researching the law. Below you will find journals that include commentaries.

Commentaries on Supreme Court Cases 

At the Supreme Court Level, the case law report compilation “Commentaries on Supreme Court Cases” (最高裁判所判例解説) which records commentaries redacted by the Research Official (最高裁判所調査官) in charge of the case are of high importance. These commentaries are published in the monthly magazine Hoso Jiho (法曹時報) and bound in an annual compilation. There are no databases for “Commentaries on Supreme Court Cases” or “Hoso Jiho” so printed books must be consulted to find the most recent publications. 

Case law commentaries are published in the monthly magazine “Hosho Jiho”. There is also an annual publication that summarizes the previous year. Supreme Court Research Officials in charge of screening cases pen the articles; hence they are held in high regard. Hosho Jiho must be consulted to find information on cases of the most recent year. There are no databases of the “Commentaries on Supreme Court Cases” or “Hoso Jiho,” so the printed format must be consulted. 

Commentaries written by Research Official are also printed in the “Jurist,” “Toki no
Hanrei”, and “Houritsu Jiho” journals.

Important Commentary Magazines

Multiple magazines publish case law commentaries. Below we list general magazines, but there are also magazines that specialize in a particular area of the law. Some magazines can be accessed online, while others only have printed versions. Also, please note that some magazines might have supplements or special issues. 

*改訂にあたり『リーガル・リサーチ/いしかわまりこ 第4版』を参照しました。