Navigating the intricacies of legal language in any foreign language can be a daunting task, and Japanese is no exception. For those who find themselves dealing with legal matters in Japan, whether for business, study, or personal reasons, understanding some of the most commonly used legal terms can be incredibly beneficial. This article aims to provide a comprehensive guide to some of the most frequently encountered legal terms in the Japanese language. These terms will be useful whether you are reading legal documents, communicating with legal professionals, or simply trying to gain a better understanding of the Japanese legal system.
Understanding basic legal vocabulary is the first step in familiarizing yourself with Japanese legal language. Here are some foundational terms:
– 法律 (ほうりつ, Houritsu): This word means “law.” It is a fundamental term that will appear in almost every legal context. For example, 民法 (みんぽう, Minpou) refers to the “Civil Code,” and 刑法 (けいほう, Keihou) refers to the “Criminal Code.”
– 裁判 (さいばん, Saiban): This term means “trial” or “judgment.” In the courtroom, 裁判官 (さいばんかん, Saibankan) refers to the “judge.”
– 契約 (けいやく, Keiyaku): This is the word for “contract.” Contracts are fundamental in both business and personal transactions. 契約書 (けいやくしょ, Keiyakusho) means “contract document.”
– 権利 (けんり, Kenri): This term means “right” as in legal rights. For instance, 人権 (じんけん, Jinken) means “human rights,” and 著作権 (ちょさくけん, Chosakuken) means “copyright.”
Different types of law cover various aspects of society and individual behavior. Here are some essential terms:
– 民法 (みんぽう, Minpou): This is the “Civil Code” which governs relationships between private individuals. It includes laws related to property, family, and contracts.
– 刑法 (けいほう, Keihou): This is the “Criminal Code,” which deals with crimes and punishments. Understanding this term is crucial for anyone involved in criminal proceedings.
– 商法 (しょうほう, Shouhou): This term refers to “Commercial Law.” It governs business and commercial transactions.
– 労働法 (ろうどうほう, Roudouhou): This is the “Labor Law,” which covers employment relations and workers’ rights.
Different legal professionals play distinct roles within the Japanese legal system. Knowing who they are and what they do can help you navigate legal processes more effectively.
– 弁護士 (べんごし, Bengoshi): This is the term for “lawyer” or “attorney.” A 弁護士 is licensed to practice law and represent clients in legal matters.
– 裁判官 (さいばんかん, Saibankan): This word means “judge.” The 裁判官 presides over court proceedings and makes rulings.
– 検察官 (けんさつかん, Kensatsukan): This term refers to the “prosecutor,” who represents the state in criminal cases.
– 公証人 (こうしょうにん, Koushounin): This is a “notary public,” an official who can certify documents and administer oaths.
Understanding the terminology related to legal procedures and processes is essential for anyone involved in legal actions. Here are some of the most important terms:
– 訴訟 (そしょう, Soshou): This term means “litigation” or “lawsuit.” It’s the process of taking legal action.
– 証拠 (しょうこ, Shouko): This means “evidence,” crucial in both civil and criminal cases.
– 判決 (はんけつ, Hanketsu): This word means “judgment” or “verdict.” It is the final decision made by a court.
– 控訴 (こうそ, Kouso): This term means “appeal,” the process of challenging a court decision in a higher court.
When filing a lawsuit, several specific terms come into play:
– 原告 (げんこく, Genkoku): This term means “plaintiff,” the party who initiates the lawsuit.
– 被告 (ひこく, Hikoku): This means “defendant,” the party against whom the lawsuit is filed.
– 訴状 (そじょう, Sojou): This is the “complaint” or “petition,” the document filed by the plaintiff to start the lawsuit.
– 答弁書 (とうべんしょ, Touben-sho): This term refers to the “answer” or “response,” the document in which the defendant responds to the complaint.
Evidence is crucial in any legal proceeding. Here are some terms related to different types of evidence:
– 物的証拠 (ぶってきしょうこ, Buttekishouko): This means “physical evidence,” tangible items presented in court.
– 証言 (しょうげん, Shougen): This term means “testimony,” statements made by witnesses under oath.
– 書証 (しょしょう, Shoshou): This refers to “documentary evidence,” written documents presented as evidence.
Understanding the terminology related to judgments and appeals is crucial for navigating the legal system:
– 判決 (はんけつ, Hanketsu): This term means “judgment” or “verdict.” It is the court’s final decision.
– 控訴 (こうそ, Kouso): This word means “appeal,” the process of challenging a court’s decision.
– 上訴 (じょうそ, Jouso): This term is another word for “appeal,” often used interchangeably with 控訴.
– 再審 (さいしん, Saishin): This term means “retrial,” a new trial ordered by an appellate court.
Legal documents are a cornerstone of any legal system. Here are some commonly encountered terms:
– 契約書 (けいやくしょ, Keiyakusho): This term means “contract document.” Contracts are legally binding agreements between parties.
– 証書 (しょうしょ, Shousho): This word means “deed” or “certificate.” It is a formal document that serves as evidence of a fact.
– 遺言 (ゆいごん, Yuigon): This term means “will” or “testament,” a document specifying the distribution of a person’s estate after death.
– 認証 (にんしょう, Ninshou): This means “certification” or “authentication,” the process of verifying the validity of a document.
Contracts are essential in both personal and professional transactions. Here are some key terms:
– 条項 (じょうこう, Joukou): This term means “clause” or “provision,” a specific section of a contract.
– 義務 (ぎむ, Gimu): This word means “obligation” or “duty.” It refers to responsibilities imposed by a contract.
– 権利 (けんり, Kenri): This term means “right,” referring to the entitlements granted by a contract.
– 違反 (いはん, Ihan): This word means “breach” or “violation,” referring to the failure to fulfill contractual obligations.
Family law covers relationships within families and between individuals in intimate relationships. Here are some essential terms:
– 離婚届 (りこんとどけ, Rikon-todoke): This term means “divorce papers,” the documents filed to legally dissolve a marriage.
– 養子縁組 (ようしえんぐみ, Youshiengumi): This word means “adoption papers,” the documents filed to legally adopt a child.
– 親権 (しんけん, Shinken): This term means “custody,” referring to legal guardianship of a child.
Business and commercial law govern transactions and relationships in the business world. Here are some crucial terms:
– 会社 (かいしゃ, Kaisha): This term means “company” or “corporation.” Understanding the different types of companies, such as 株式会社 (かぶしきがいしゃ, Kabushikigaisha) for “joint-stock company,” is essential.
– 株主 (かぶぬし, Kabunushi): This word means “shareholder,” an individual or entity that owns shares in a company.
– 取締役 (とりしまりやく, Torishimariyaku): This term means “director,” a member of a company’s board of directors.
– 契約 (けいやく, Keiyaku): As mentioned earlier, this term means “contract.” Contracts are fundamental in business transactions.
Understanding the different types of business entities is crucial for anyone involved in business in Japan:
– 株式会社 (かぶしきがいしゃ, Kabushikigaisha): This term means “joint-stock company,” a type of business entity where ownership is divided into shares.
– 合同会社 (ごうどうがいしゃ, Goudougaisha): This word means “limited liability company” (LLC), a type of business entity where owners have limited liability.
– 合名会社 (ごうめいがいしゃ, Goumeigaisha): This term means “general partnership,” a type of business entity where partners have unlimited liability.
Commercial transactions are at the heart of business operations. Here are some key terms:
– 売買 (ばいばい, Baibai): This term means “sale” or “purchase,” referring to the exchange of goods or services for money.
– 納品書 (のうひんしょ, Nouhinsho): This word means “delivery note,” a document accompanying goods to confirm delivery.
– 請求書 (せいきゅうしょ, Seikyuusho): This term means “invoice,” a document requesting payment for goods or services provided.
Criminal law deals with actions that are offenses against the state or public. Here are some crucial terms:
– 犯罪 (はんざい, Hanzai): This term means “crime.” Understanding different types of crimes, such as 窃盗 (せっとう, Settou) for “theft,” is essential.
– 刑罰 (けいばつ, Keibatsu): This word means “punishment” or “penalty,” referring to the consequences of committing a crime.
– 逮捕 (たいほ, Taiho): This term means “arrest,” the act of detaining someone suspected of a crime.
– 裁判 (さいばん, Saiban): As mentioned earlier, this word means “trial” or “judgment.” It is the process of determining guilt or innocence.
Understanding the different types of crimes is crucial for anyone involved in the criminal justice system:
– 窃盗 (せっとう, Settou): This term means “theft,” the act of taking someone else’s property without permission.
– 詐欺 (さぎ, Sagi): This word means “fraud,” the act of deceiving someone for personal gain.
– 暴行 (ぼうこう, Boukou): This term means “assault,” the act of causing physical harm to another person.
– 殺人 (さつじん, Satsujin): This word means “murder,” the act of intentionally causing the death of another person.
Understanding legal defenses is crucial for anyone accused of a crime. Here are some key terms:
– 弁護 (べんご, Bengo): This term means “defense,” referring to the legal representation of someone accused of a crime.
– 無罪 (むざい, Muzai): This word means “not guilty,” a plea or verdict declaring that someone did not commit the crime they are accused of.
– 自己防衛 (じこぼうえい, Jikobouei): This term means “self-defense,” a legal defense asserting that the accused acted to protect themselves from harm.
Understanding these legal terms is essential for anyone navigating the Japanese legal system, whether for personal, academic, or professional reasons. While this guide provides a comprehensive overview of some of the most commonly used legal terms in Japanese, it is by no means exhaustive. Legal language is complex and context-specific, and it is always advisable to seek professional legal advice when dealing with legal matters. However, having a foundational understanding of these terms can significantly enhance your ability to understand and engage with the Japanese legal system.
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