SCOJ Landmark Cases
Encyclopedia
Landmark Cases of the Supreme Court of Japan
| Case Number | Date of Judgment | Commonly Used Case Name | Significance |
|---|---|---|---|
| 2003 No. 157 | February 19, 2008 | Mapplethorpe Case | The Court found that a collection of Mapplethorpe photographs that included images of male genitalia was not obscene. The Court's decision was believed to be the first time the top court overruled a lower court ruling on obscenity. |
| 2005 No. 1977 | November 1, 2007 | Overseas Hibakusha Case SCOJ 2005 No.1977 The was a landmark case of the Supreme Court of Japan. The Court found that the government's refusal to provide health-care benefits to hibakusha living abroad was illegal. The plaintiffs were 40 South Koreans who were exposed to radiation in the 1945 U.S. atomic bombing of Hiroshima... |
The Court found that the government's refusal to provide health-care benefits to hibakusha Hibakusha The surviving victims of the atomic bombings of Hiroshima and Nagasaki are called , a Japanese word that literally translates to "explosion-affected people"... living abroad was illegal. It was the first time the Court declared a government order illegal and upheld a ruling mandating the payment of damages. |
| 2007 No. 30 | August 7, 2007 | Bull-Dog Sauce Case SCOJ 2007 No.30 (An English translation by the Supreme Court of Japan of this case information has not yet been published; however, one will be published in the Journal of Japanese Law, No. 26, 2008... |
Discriminatory treatment of some shareholders designed to prevent hostile takeover of a company (in this case the use of a "poison pill Poison pill A shareholder rights plan, colloquially known as a "poison pill", or simply "the pill" is a type of defensive tactic used by a corporation's board of directors against a takeover... ") does not necessarily violate the principle of shareholder equality under Japanese statutes. Such decisions must be made by shareholders who deem it in the company's best interest; it cannot be a move made by management to protect itself. |
See also
- Politics of JapanPolitics of JapanThe politics of Japan is conducted in a framework of a parliamentary representative democratic monarchy, where Prime Minister of Japan is the head of government. Japanese politics uses a multi-party system. Executive power exercised by the government. Legislative power is vested in the Diet, with...
- Japanese lawJapanese law-Historical Developments:Pre-Modern History The early law of Japan was heavily influenced by Chinese law. Little is known about Japanese law prior to the seventh century, when the Ritsuryō was developed and codified. Before Chinese characters were transplanted and adopted by the Japanese, the...
- Judicial System of JapanJudicial system of JapanIn the judicial system of Japan, the postwar constitution guarantees that "all judges shall be independent in the exercise of their conscience and shall be bound only by this constitution and the Laws"...
- 2008 Decisions of the Supreme Court of Japan2008 Decisions of the Supreme Court of Japan2008 Decisions of the Supreme Court of Japan.- References :**- See also :*Politics of Japan*Japanese law*Judicial System of Japan*Landmark Cases of the Supreme Court of Japan...