Questions tagged [disclosure]

22 questions
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When did criminal discovery rules substantially form?

The apparent non-existence of any criminal discovery/disclosure in Anatomy of a murder (1959) has struck me as odd and wildly disturbing. The trial is just a series of surprises to both sides. For example, the defense has no much idea what the main…
13
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Oregon property disclosure law: buyer discovers cracking foundation that seller did not disclose - 20 months after closing

I purchased a 110 year old house 18 months ago and am living in it. At the time of sale I waived inspection and did As-Is based on two factors: a 3rd party inspection was provided to me from buyer and I used the "Property Disclosure Statement"…
J.Xander
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Does a black belt have to tell the police that he/she is a black belt

Someone I knew told me that if a black belt in martial arts is pulled over, he/she has to tell the police that he/she is a black belt because he/she is a deadly weapon. I told him that I didn't believe him because that sounds way too much like a…
9
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Was Hunter Biden's legal team legally required to publicly disclose his proposed plea agreement?

On June 20, 2023, Hunter Biden's legal team publicly announced a proposed plea agreement to plead guilty to certain criminal charges. On July 26, a federal judge rejected the proposed arrangement. Was Biden's legal team legally required to publicly…
6
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Are call recording apps a reasonable accommodation under the ADA?

People who have Traumatic Brain Injuries (TMI) often suffer short- and long-term memory loss. A psychiatrist can test and give their professional opinion in a report, which carries a lot of weight with Social Security Disability approval. Using a…
4
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2 answers

Defendant's right to surprise prosecution at trial

Common law disclosure obligations between prosecutors and defendants appear to be imbalanced: prosecutors basically have to disclose everything they have on defendants defendants have to disclose only alibi and any expert witnesses (and also some…
Greendrake
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Must a natural spring be disclosed when buying a house?

I purchased a home last fall just to discover, come spring, that it was on a natural spring. It turned out that the spring is water table dependent and as such was not present during the time of the home inspection as water levels were lower. Upon…
SCFi
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3
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Mandatory Disclosing of Minor's User Data to Minor's Guardian

I was thinking of ideas for software projects to work on, and the one I thought to try brought an interesting legal question to mind. The idea was to create a collection of tools, such as a browser, file storage, email, and other similar services…
2
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How does discovery work for financial crimes?

There is a case in the news at the moment about the post office securing 736 convictions for false accounting and theft that later some were overturned on the basis of an accounting error made by an internal computer system. The High Court…
Dave
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Applicant's disclosures to Criminal Cases Review Commission

Scenario: Bob was convicted of murder in a trial that hinged on scientific evidence. The prosecution and defence had each instructed their own expert witnesses in respect of the science. Although the defence's expert witnesses served reports to the…
Lag
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How a tribunal might see a failure to disclose documents

Imagine the following hypothetical case in the UK. An employee X raises concerns while employed at an organisation Z. X loses their job at Z, discovers later that those concerns fall under the legal definition of whistleblowing, X takes Z to a…
user3779002
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What counts as "news and communications media" under the Ethics in Government Act?

Title 1 of the Ethics in Government Act of 1978, as amended, 5 U.S.C. app. § 105(c), states that: (1) It shall be unlawful for any person to obtain or use a report (A) for any unlawful purpose; (B) for any commercial purpose other than by news and…
jfhr
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Do hotels in California have an obligation to disclose prior report of bed bug presence?

I wonder whether hotels in California have a legal obligation to disclose prior reports of bed bug presence, if a potential customer enquires about it.
Franck Dernoncourt
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Real estate law omission of important disclosure

Suppose that a person A bought a house in california three years ago. The last owner had lived in that house from the time it was built in 1964 until four years ago. When the owner passed on, the bank took ownership of the house (under a reverse…
Zuzlx
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A member of Congress subpoenas phone records and then release them: does this violate any US Laws?

If a member of Congress (e.g. Representative Schiff) subpoenas phone records of people (which is allowed) and releases them directly (in a report) or indirectly (leaked to press). Does this violate any (e.g. privacy) US Laws? Or, if there is law for…
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