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28 votes
Accepted

When did criminal discovery rules substantially form?

When did the discovery/disclosure rules as we know them today substantially form? In the United States, the constitutional right to criminal discovery was established in Brady v. Maryland, 373 U.S. ...
ohwilleke's user avatar
  • 221k
24 votes

Oregon property disclosure law: buyer discovers cracking foundation that seller did not disclose - 20 months after closing

Do I have recourse against seller? Is the seller liable or obligated to disclose this and if so what are my options? Probably not. The general rule is that you accept any condition which could be ...
ohwilleke's user avatar
  • 221k
13 votes
Accepted

Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?

For the plea deal to be considered by the judge, it had to be disclosed in court to the judge. Only in extremely extraordinary circumstances would court proceedings be closed to the public. However, ...
Jen's user avatar
  • 59.7k
10 votes

Oregon property disclosure law: buyer discovers cracking foundation that seller did not disclose - 20 months after closing

The disclosure law for Oregon is here: it says what you must disclose. It covers questions such as whether the seller has authority to sell the property, where the water comes from, info on ...
user6726's user avatar
  • 215k
7 votes

Defendant's right to surprise prosecution at trial

Although there have long been requirements to disclose certain types of defenses -- alibi, insanity, etc. -- common law jurisdictions have more recently moved in the direction of greater disclosure ...
bdb484's user avatar
  • 60.7k
6 votes

Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?

No, there was no legal requirement that the plea agreement be announced. Practically, it is unlikely that in a high profile case like this a plea agreement would be reached and no details would leak ...
Justin Cave's user avatar
  • 3,067
3 votes
Accepted

Real estate law omission of important disclosure

It depends on what state this is. In Washington state, there is a form that sellers must fill out, and section 3 addresses sewer connections. This matter could have been disclosed – the allowed ...
user6726's user avatar
  • 215k
3 votes
Accepted

Must a natural spring be disclosed when buying a house?

The general rule in the sale of a "used" house is "buyer beware", but the seller of a "used" house must disclose latent defects of which the seller is aware. (Different rules apply to the first buyer ...
ohwilleke's user avatar
  • 221k
2 votes
Accepted

A member of Congress subpoenas phone records and then release them: does this violate any US Laws?

The power to issue subpoenas is created by rule, so while an individual Congressman cannot currently issue a subpoena (instead a committee does), the rule can be changed. So it would be possible for a ...
user6726's user avatar
  • 215k
2 votes

Mandatory Disclosing of Minor's User Data to Minor's Guardian

What rights the guardians would have to compel disclosure will vary by jurisdiction -- in the US I believe this would be a matter of state law. But in at least some states I think the guardians could ...
David Siegel's user avatar
2 votes

What are some cases / journals / books about withholding favourable evidence from the defence

The collapse of the Liam Allan case Police failed to share exculpatory text messages, case collapsed after 2 years of bail and 3 days of trial.
Dale M's user avatar
  • 213k
2 votes
Accepted

Defendant's right to surprise prosecution at trial

new-zealand Is that what prosecution just has to be alert to and fly by the seat of their pants, e.g. no way to either compel the defence to disclose the witness in advance, or rule it inadmissible? ...
Greendrake's user avatar
  • 27.2k
2 votes

is Trump writing to-do lists to assistants on classified cards legally classified as illegal disclosure/distribution/dissemination of classified info?

Is this already mentioned in the indictment against former President Trump? No. It primarily covers 31 national defense documents that were present at Mar-a-lago in Florida. Activities in the White ...
ohwilleke's user avatar
  • 221k
1 vote
Accepted

What counts as "news and communications media" under the Ethics in Government Act?

There are definitions for this title, which covers "executive branch" and "dependent child" among other terms, but not "news and communications media". When the law was ...
user6726's user avatar
  • 215k
1 vote

Can the Vice-President (of the US) violate classified information distribution rules?

[the] President cannot violate classified disclosure laws by definition. If the President tells restricted information to someone normally not authorized to know, it’s not illegal for either ...
David Siegel's user avatar
1 vote

Do hotels in California have an obligation to disclose prior report of bed bug presence?

Jusrisdiction: england-and-wales In E&W this might be covered by the Consumer Protection from Unfair Trading Regulations 2008. Legal framework Regulation 3(1) prohibits "unfair commercial ...
JBentley's user avatar
  • 8,330
1 vote

How does discovery work for financial crimes?

The other answer sets out the general principles of disclosure in criminal cases. In the 42 cases dealt with in Hamilton v Post Office Ltd [2021] EWCA Crim 577, we also know “what actually did happen.”...
sjy's user avatar
  • 9,296
1 vote

A member of Congress subpoenas phone records and then release them: does this violate any US Laws?

If the heart of your question is, under the current rules, has anything been done wrong, I would say no. Other than the special case of a grand jury, our system allows/requires public dissemination of ...
George White's user avatar
  • 12.8k
1 vote
Accepted

Confidentiality of an arbitration award

The UNCITRAL Model Law on International Commercial Arbitration imposes an obligation of confidentiality on parties to the arbitration. This includes the applicant(s), respondent(s) and arbitrator(s) ...
Dale M's user avatar
  • 213k
1 vote
Accepted

Patent Disclosure?

13 U.S.C. 103 describes how public prior art may eliminate the patentability of an invention: A patent for a claimed invention may not be obtained... if the differences between the claimed ...
apsillers's user avatar
  • 3,339

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