司法書士試験 2023 司法書士 過去問 解説付き 債権総論

[App description]
Let's challenge the knowledge given in the judicial scrivener exam in a quiz format!
This is a question from the field of general credit.
We carefully select the important questions necessary for passing.
Ideal for total knowledge check & overcoming weaknesses!
Let's win the pass by efficient learning that makes effective use of the gap time!
It is fully compatible with the latest revisions to the law.
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What is a judicial scrivener?

It is a job that protects people's property and rights and specializes in legal resolution of troubles.
He is a legal paperwork specialist and may also provide legal advice or do something like a consultant. To become a judicial scrivener, you must pass the national examination, the judicial scrivener examination, or be approved by the Minister of Justice.


The role of a judicial scrivener

Judicial scriveners are responsible for preparing documents to be submitted to courts, prosecutors' offices, legal affairs bureaus, etc., registration / deposit procedures, and requesting examinations. Among them, the ratio of registration-related work is the highest, and it plays a role closely related to daily life, such as registration of a company at the time of starting a business and registration at the time of land purchase. We aim to protect people's rights and realize an equal society through our work.


Specific work content

Work based on the Judicial Scrivener Law (the purpose is to negotiate a judicial scrivener system and perform proper business in order to facilitate proceedings related to proceedings, registration, deposit, etc. and contribute to the protection of the rights of the people) to hold. The main business is as follows.

Real estate registration, company registration / deposit procedure agency
Preparation of documents to be submitted to the court, public prosecutor's office, and Legal Affairs Bureau
Representation of proceedings, mediation, settlement, etc. in summary court
Corporate legal affairs that provide legal advice and legal affairs related to companies
Adult guardianship, relief for multiple debtors, consumer education

Typical business includes real estate registration procedures for real estate sales and inheritance, and commercial registration procedures for company establishment.

In addition to that, I am engaged in various legal work such as trial proceedings, adult guardianship, depositary work, naturalization application, etc.

As the same "scrivener", he is also qualified as an administrative scrivener, and is common in that he prepares legal documents.

However, while judicial scriveners mainly prepare documents to be submitted to courts and the Legal Affairs Bureau, administrative scriveners, as the name implies, prepare documents to be submitted to administrative agencies (countries, prefectures, municipalities, etc.). Is different.


To become a judicial scrivener

Qualification to become a judicial scrivener
1. 1. Those who have passed the judicial scrivener exam
2. A person who has been approved by the Minister of Justice for more than 10 years as a court clerk or legal clerk, or for more than 5 years as a deputy prosecutor of a simplified court judge.


What is the Judicial Scrivener Examination?

The application will be submitted in May and the written examination will be held in July. Those who pass the written exam can then take the oral exam. The oral exam will be held in October and the results will be announced in November.

The test subjects of the written examination are the Constitution, Civil Law, Criminal Law, Corporate Law, Civil Procedure Law, Civil Protection Law, Civil Enforcement Law, Judicial Scrivener Law, Deposit Law, Real Estate Registration Law, and Commercial Registration Law.
The test subjects for the oral examination are the real estate registration method, the commercial registration method, and the judicial scrivener method.


What is a judicial scrivener certified by the Minister of Justice?

A judicial scrivener certified by the Minister of Justice is called a certified judicial scrivener, and in addition to the duties of a normal judicial scrivener, he also performs agency duties such as civil cases of claims whose value does not exceed 1.4 million yen in a summary court. I can. This is called summary court agency-related work.

The contents of related business such as summary court agency are as follows.
(1) Civil proceedings
(2) Settlement (prompt decision settlement) procedure before filing an action
(3) Payment reminder procedure
(4) Evidence preservation procedure
(5) Civil conservation procedure
(6) Civil mediation procedure
(7) Business acting on behalf of small-amount litigation claim execution procedures and alternative dispute resolution procedures
(8) Representation of arbitration procedures and writing boundary identification procedures, etc.


In order for a qualified person to work as a judicial scrivener

According to the provisions of Article 8 of the Judicial Scrivener Law, in order for a person who has a qualification as a judicial scrivener to work as a judicial scrivener, the "name", "date of birth" and "office work" should be added to the judicial scrivener list of the Japan Judicial Scrivener Association. You must be registered for the matters specified by the location of the place, the judicial scrivener association to which you belong, and the Ordinance of the Ministry of Justice.
When registering, submit a registration application and qualification documents to the Japan Judicial Scrivener Association through the Legal Affairs Bureau that has jurisdiction over the area where the office is to be established or the Judicial Scrivener Association within the jurisdiction of the District Legal Affairs Bureau. I will submit it together.
At that time, a fee of 25,000 yen will be paid to the Japan Judicial Scrivener Association in accordance with Article 50 of the Constitution.


Place of employment and activity of judicial scrivener

The business content that can be handled is increasing

A typical place of employment for a judicial scrivener is a judicial scrivener office, and after gaining experience and skills, you can also open your own judicial scrivener office independently.

In addition, there are people who find employment in general companies and work as office workers in legal departments such as the Legal Department, and people who work in law firms.

Until now, he is a judicial scrivener who has specialized in administrative procedures, but in recent years, due to the revision of the system, he has also been involved in legal work such as debt consolidation and overpayment claims for debt, so his field of activity is expanding.

The qualification of a judicial scrivener is applied only in Japan, and if you want to work overseas, you need to obtain the qualification of that country.


Judicial scrivener salary / annual income

High income can be expected depending on experience
The national examination for judicial scriveners is famous for its low pass rate, which is partly due to the fact that adjustments have been made to prevent too many passers.

Due to the scarcity of qualification holders, the salary of judicial scriveners is generally high, and it is possible to earn a very high income by succeeding independently.

However, since it is a job that requires experience, the salary of new employees is not much different from that of general office workers, and it seems that it is common for new employees to gradually increase their income by acquiring skills.


Employment form and working style of judicial scrivener

Whether to be stable or aim for high income
Passing the judicial scrivener exam is not enough to get the job done, so new qualifications must first gain experience at a judicial scrivener office or company.

After that, some people continue to work at judicial scrivener offices, while others start their own businesses, and there are various ways of working.

Being independent will increase the amount of work and the amount of work you have to do, but you will be able to earn more income.

It can be considered that working in an office or company is less risky, so the choice of working style depends on the individual's way of thinking.


Judicial scrivener's rewarding and fun

Close to the client
Judicial scriveners who handle practical work such as document preparation have many opportunities to meet with the client and have the characteristic that it is easy to establish human relationships.

There are many cases that last for several months, such as inheritance relationships, so when the work is completed successfully, it seems that many people say "I'm glad I left it to you" and "I want to ask again". ..

In addition, because the number of job offers is large and the qualification is easy to become independent, there is an advantage that you can continue working for a long time regardless of life events such as marriage.


Person / aptitude suitable for a judicial scrivener

People who don't have to worry about sober work
The "scribe" of a judicial scrivener means "the person who creates the documents", and the job of a judicial scrivener is a repetitive and steady task of dealing with esoteric documents.

You must prepare the documents in the light of the law and without any mistakes.

You can't afford to make mistakes, so a person with a strict personality who can continue to do sober work with concentration will be suitable for a judicial scrivener.

Also, if you become independent, sales activities and personal connections to get a job will be important, so you need to be good at communicating with people.


Judicial scrivener recruitment, employment status, demand

There are few qualified people for demand
Judicial scriveners have a limited number of qualification holders due to the extremely difficult examinations, and there are only about 20,000 people nationwide.

For this reason, there are many job offers, mainly in urban areas, and there are many options for employment, such as judicial scrivener offices and the legal department of general companies.

Another feature is that women are more likely to play an active role than other occupations.

The age structure of judicial scriveners may be quite old, and the gap between supply and demand may widen in the future.


Those seeking qualifications are welcome

There are many judicial scrivener offices that are willing to hire inexperienced people, and finding a job will be less difficult.

It is not uncommon for some clerical workers working in a judicial scrivener office to have no intention of acquiring a qualification from the beginning, and some offices welcome applicants for a qualification.

Also, if you are a qualified person with some work experience, there are more job offers, and even women who have a blank after giving birth or raising children will be able to return to work relatively easily.


Current status, future prospects and future prospects of judicial scriveners

Business scope and demand are expanding

In recent years, following the revision of the Judicial Scrivener Law, if you are qualified as a "certified judicial scrivener" certified by the Minister of Justice, you will be able to perform the same activities as a lawyer in cases of summary courts with a proceeding amount of 1.4 million yen or less. became.

The scope of work of judicial scriveners is expanding, such as being able to handle legal work.

In the future, as the aging of society as a whole progresses, it is expected that requests for wills, inheritance work, and adult guardianship work will increase, and the demand for judicial scriveners will continue to increase.