＃19 About the litigation capacity

Litigation capacity is defined as the “ability to differentiate (clearly distinguish the difference in things) material interests as a defendant and defend accordingly in a reasonable (appropriate) manner”.

It means that presence of litigation capacity is determined in accordance with whether or not the defendant properly understands the details of the trial and is able to take proper actions.

However, Dr. Nishiyama who was never able to communicate with our father could not have understood whether or not our father was equipped with such ability.  On the other hand, Dr. Nishiyama saw the situation to sufficiently believe our father’s illness, such as the twilight state, seizure, irrelevant nodding, etc.

There were only facts to prove illness, without being able to obtain the evidence of his normality.  Therefore, Dr. Nishiyama developed his own argument about the litigation capacity in his own “expert opinion”.