A final appeal may be filed on the grounds that the judgment reflects an error in the interpretation of the Constitution or that it is otherwise unconstitutional.
上告は、判決に憲法の解釈の誤りがあることその他憲法の違反があることを理由とするときに、することができる。
A final appeal may also be filed on the grounds that any of the following circumstances are present; provided, however, that this does not apply to the circumstances stated in item (iv) if the ratification under the provisions of Article 34, paragraph (2) has taken place (including as applied mutatis mutandis pursuant to Article 59):
the court that pronounced judgment was not composed in accordance with the law;
法律に従って判決裁判所を構成しなかったこと。
a judge who, by law, is not permitted to participate in the judgment, has participated in the judgment;
法律により判決に関与することができない裁判官が判決に関与したこと。
provisions on the exclusive jurisdiction of the Japanese courts have been violated;
日本の裁判所の管轄権の専属に関する規定に違反したこと。
provisions on exclusive jurisdiction have been violated (unless one of the courts specified in the items of Article 6, paragraph (1) has entered the final judgment in the first instance, and that litigation is subject to the exclusive jurisdiction of another court pursuant to the provisions of Article 6, paragraph (1));
authority to act as a person's legal representative, authority to act as a person's litigation representative, or the delegation of powers that a representative needs in order to perform procedural acts, was lacking;
法定代理権、訴訟代理権又は代理人が訴訟行為をするのに必要な授権を欠いたこと。
provisions on the opening of oral arguments to the public have been violated;
口頭弁論の公開の規定に違反したこと。
no reason has been given for the judgment, or the reasons given for the judgment conflict with each other.
判決に理由を付せず、又は理由に食違いがあること。
A final appeal to the high court may also be filed on the grounds of a violation of law or regulation that has clearly influenced the judgment.
高等裁判所にする上告は、判決に影響を及ぼすことが明らかな法令の違反があることを理由とするときも、することができる。
(Grounds for Final Appeal)
authority to act as a person's legal representative, authority to act as a person's litigation representative, or the delegation of powers that a representative needs in order to perform procedural…
法定代理権、訴訟代理権又は代理人が訴訟行為をするのに必要な授権を欠いたこと。
Open this provision(Measures If a Person Lacks Capacity to Sue or Be Sued)
A procedural act performed by a person without the capacity to sue or be sued, the authority to act as a person's legal representative, or the delegation of powers that is necessary for performing…
訴訟能力、法定代理権又は訴訟行為をするのに必要な授権を欠く者がした訴訟行為は、これらを有するに至った当事者又は法定代理人の追認により、行為の時にさかのぼってその効力を生ずる。
Open this provision(Mutatis Mutandis Application of Provisions on Legal Representation)
The provisions of Article 34, paragraphs (1) and (2) and Article 36, paragraph (1) apply mutatis mutandis to representation in litigation.
第三十四条第一項及び第二項並びに第三十六条第一項の規定は、訴訟代理について準用する。
Open this provision(Jurisdiction over Prescribed IP Actions)
In an action involving a patent right, utility model right, a layout-design exploitation right for an integrated circuit, or an author's right to a work of computer programming…
特許権、実用新案権、回路配置利用権又はプログラムの著作物についての著作者の権利に関する訴え（以下「特許権等に関する訴え」という。）について、前二条の規定によれば次の各号に掲げる裁判所が管轄権を有すべき場合には、その訴えは、それぞれ当該各号に定める裁判所の管轄に専属する。
Open this provisionfinal appeal
上告
The appeal against a judgment of second instance, and against a high court's judgment at first instance: it goes to the Supreme Court (最高裁判所) against a final judgment a high court (高等裁判所) gives at second or first instance, and to a high court against one a district court (地方裁判所) gives at second instance (Code of Civil Procedure, Article 311, paragraph (1)); where, after the final judgment, both parties agreed not to appeal to the court of second instance (控訴) while keeping the right to a final appeal, it goes straight to the Supreme Court against a district court's judgment and to a high court against a summary court's (Article 311, paragraph (2), and Article 281, paragraph (1)). Its grounds are limited: an error in interpreting the Constitution or another breach of it (Article 312, paragraph (1)); one of the flaws the Code lists, such as a court not formed as the law requires, a judge barred by law taking part in the judgment, a lack of a legal representative's (法定代理人) or litigation representative's (訴訟代理人) authority, a breach of the rules that oral argument (口頭弁論) be public, or a judgment that gives no reasons or contradictory ones (paragraph (2)); and, in a final appeal to a high court, also a breach of law or regulation that clearly affected the judgment (paragraph (3)). Where the Supreme Court is the court to appeal to, a party may petition it to accept the case as a final appeal (上告受理の申立て), which it may do where the judgment conflicts with its precedents or the case otherwise involves an important point in interpreting laws and regulations; the grounds of Article 312, paragraphs (1) and (2), cannot be raised that way, and once the case is accepted a final appeal is deemed filed (Article 318, paragraphs (1), (2) and (4)). A final appeal is filed by submitting a petition for final appeal (上告状) to the court whose judgment is appealed (Article 314, paragraph (1)), within the same two weeks from service (送達) of the judgment as an appeal to the court of second instance (Articles 285 and 313), and if the petition states no grounds, a statement of them must follow within the period the Supreme Court's rules (最高裁判所規則) set (Article 315, paragraph (1)). The final appellate court is bound by the facts the judgment below lawfully found (Article 321, paragraph (1)); it may dismiss the appeal without oral argument where the papers show it has no grounds (Article 319), and where a ground is made out it quashes the judgment and sends the case back to the court below or to another court of the same rank, or in some cases decides it itself (Articles 325, paragraph (1), and 326); the Supreme Court may also quash a judgment for a breach of law or regulation that clearly affected it, even where none of those grounds is made out (Article 325, paragraph (2)). A judgment a high court gives on a final appeal can be appealed again to the Supreme Court only on the ground that it breaches the Constitution (Article 327, paragraph (1)).
Written by AI using Code of Civil Procedure, Arts. 281, 285, 311 to 315, 318, 319, 321, 325 to 327 as a reference.
oral argument
口頭弁論
The hearing at which the parties to a civil lawsuit or another court proceeding put their case to the court by speaking: the parties must argue a lawsuit before the court in oral argument, though in a case to be concluded by a ruling (決定) the court decides whether to hold one (Code of Civil Procedure, Article 87, paragraph (1)), and the rule gives way where a provision says otherwise (paragraph (3)): the court may, for one, dismiss without oral argument an action that is unlawful and cannot be put right (Article 140). The presiding judge directs it (Article 148, paragraph (1)), it must as a rule be prepared in writing, in briefs (準備書面) (Article 161, paragraph (1)), though not in a summary court (簡易裁判所) (Article 276, paragraph (1)), and where the court finds it appropriate it may, after hearing the parties, hold it by a video link, a party who takes part that way being treated as having appeared (Article 87-2, paragraphs (1) and (3)). If a plaintiff or defendant does not appear on the first date for oral argument, or appears but does not argue the merits, the court may treat what their complaint, written answer or other briefs say as stated and have the other party argue (Article 158); a party who does not make clear that they dispute a fact the other party alleges is deemed to admit it, unless the argument as a whole shows they disputed it (Article 159, paragraph (1)), and so is a party who does not appear, unless they were summoned by service by publication (公示送達) (paragraph (3)). If both parties fail to appear on a date for oral argument, or leave without arguing, and neither asks for a new date within one month, the action is deemed withdrawn, as it is when that happens on two dates in a row (Article 263). The judgment is given by the judges who took part in the oral argument it rests on (Article 249, paragraph (1)), as a rule within two months of the day oral argument concludes (Article 251, paragraph (1)). The court clerk makes an electronic record (電子調書) of each date (Article 160, paragraph (1)), and a breach of the rules that oral argument be public is a ground for a final appeal (上告) (Article 312, paragraph (2), item (v)).
Written by AI using Code of Civil Procedure, Arts. 87, 87-2, 140, 148, 158 to 161, 249, 251, 263, 276, 312 as a reference.