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A Global Law Of Jurisdiction And Judgments: Views From The United States And Japan, Kevin M. Clermont
A Global Law Of Jurisdiction And Judgments: Views From The United States And Japan, Kevin M. Clermont
Kevin M. Clermont
Japanese and U.S. legal systems, despite surprisingly similar doctrine and outlook on matters of jurisdiction and judgments, often clash: jurisdictions overlap and judgments may go unrespected, while parallel proceedings persist. The current outlook for harmonization through a multilateral Hague convention of general scope is bleak. These two countries are, however, ideally situated to reach a highly feasible bilateral agreement that would provide a better tomorrow in which jurisdiction was allocated appropriately and judgments were respected accordingly.
Standards Of Proof In Japan And The United States, Kevin M. Clermont
Standards Of Proof In Japan And The United States, Kevin M. Clermont
Kevin M. Clermont
This article treats the striking divergence between Japanese and U.S. civil cases as to standards of proof. The civil-law Japan requires proof to a high probability similar to the criminal standard, while the common-law United States requires only that the burdened party prove the fact to be more likely than not. This divergence not only entails great practical consequences, but also suggests a basic difference in attitudes toward the process of trial. As to the historical causation of the difference in standards of proof, civil-law and common-law standards diverged in the late eighteenth century, probably because of one system’s French …