The Ambivalence of Forming the Issue by the Party in the Trial

Abstract

This paper aims to examine the problems concerning the forming the issues by the party in the trial. As a case, this article focuses on behaviors of a plaintiff (X) in this trial. At the beginning of the trial, the main issue is a legal nature of a labor contract between the parties. However, in the course of the procedure, the educational issue whether X has the qualities necessary for a teacher or not becomes more important. This issue is considerably related to X's identity. Then X is suffered more damage for losing the case than the main issue would be legal one. It can be said that this case clarifies a dangerous aspect of the party's forming the issues in the trial.