18/05/17 08:23:27.12 A4EnMeYZ0.net
>>246
>残念ながら個人の訴訟は同じ場所というのは同じ居住地の当事者間でしかあり得ないからね。
(民事に限定しての話し)
裁判所が受理するのは構わないが、どこを係争地とするかは人権上の問題で、弁明をする機会がないことが
客観的に明らかなら尚更、当事者にとっては受け入れがたいものだろう
URLリンク(en.wikipedia.org)
Consent
The United States legal system is an adversarial system. Civil suits cannot be initiated by third parties,
but must be filed by the aggrieved party who seeks redress. Generally, the action is initiated in the
jurisdiction where the event occurred, where the defendant can be served or where the parties have
agreed to have the case located. The filing of a complaint or prayer for relief is a voluntary action by
the person aggrieved, and as a necessity of this request, the person seeking relief consents to be bound
by the judgment of the court. The doctrine of consent is also extended to defendants who attend and
litigate actions without challenging the court's personal jurisdiction. Consent may also derive from a
pre-litigation agreement by the parties, such as a forum selection clause in a contract (not to be confused
with a choice of law clause). Doctrines such as claim preclusion prevent re-litigation of failed complaints
in alternative forums. Claim preclusion does not, however, prevent the refiling of a claim that was filed in
a court that did not have personal jurisdiction over the defendant.