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This duty is subject to certain exceptions, as outlined in the Federal Rules of Civil Procedure; furthermore, the rules applicable in state courts vary from state to state. Pursuant to U.S. constitutional law, in what is known as Brady disclosure, a prosecutor has a duty to disclose material evidence that is favorable to a criminal defendant's ...
In some cases the duty is extended to other relatives. Such laws may be enforced by governmental or private entities and may be at the state or national level. While most filial responsibility laws contemplate civil enforcement, some include criminal penalties for adult children or close relatives who fail to provide for family members when ...
The duty is sourced from a combination of contract law and equity arising from the distinctive relationship between lawyer and client. The solicitor or attorney is an agent of the client under the law of agency. In contract, the duty arises from terms contained in the retainer agreement. Complementarily, equity prohibits unauthorised use or ...
In the United States, federal case law dictates the privileges permissible and prohibited in federal trials, [2] while state case law governs their scope in state courts. A common rule for both the communications privilege and the testimonial privilege is that, "absent a lawful marriage, civil union, or domestic partnership, there is no privilege."
In such situations the lawyer has the discretion, but not the obligation, to disclose information designed to prevent the planned action. Most states have a version of this discretionary disclosure rule under Rules of Professional Conduct, Rule 1.6 (or its equivalent). A few jurisdictions have made this traditionally discretionary duty mandatory.
The obligation to disclose adverse authority is in tension with the attorney's obligation to zealously represent the interests of the client. However, various public policy arguments have been set forth to explain why the attorney's duty of candor to the court with respect to such authority outweighs the duty to the client's cause.
R. Partain, "Comparative Family Law, Korean Family Law, and the Missing Definitions of Family", (2012) HongIk University Journal of Law, Vol. 13, No. 2. "Hong Kong Family Court Tables" includes a summary of Hong Kong family law principles, a guide to the recent case law and relevant statutes, and a glossary of relevant terms related to the Hong ...
Employers and employees have a bona fide duty to each other once a contract of employment has begun; but a job applicant owes no duty of disclosure in a job interview. [24] [25] [26] A contract uberrimae fidei is a contract of 'utmost good faith', and include contracts of insurance, business partnerships, and family agreements. [27]