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翻訳と辞書　辞書検索 [ 開発暫定版 ] スポンサード リンク Adverse authority ： ウィキペディア英語版 Adverse authority Adverse authority or adverse controlling authority, in United States law, is some controlling authority based on a legal decision and opposed to the position of an attorney in a case before the court. The attorney is under an ethical obligation to disclose that legal decision, which is an adverse authority, to the court. This obligation is set forth in the American Bar Association Model Rules of Professional Conduct, §3.3.〔See, e.g. American Bar Association, ''Annotated Model Rules of Professional Conduct'' (2003), p. 335.〕 ==Basis for the disclosure requirement== 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. Ostensibly, the reason is to serve the law itself by preventing a court from making a decision that is erroneous in light of the authority revealed.〔Geoffrey C. Hazard, W. William Hodes, John S. Dzienkowski, ''The Law of Lawyering'' (2000), §29-11.〕 As a practical matter, an attorney who discovers adverse authority and fails to disclose it to the court may lose credibility with the court if the authority is found by opposing counsel, or by the court itself. The court may presume that an attorney who fails to disclose such authority has either been unethical in failing to disclose it, or has acted without diligence in failing to discover it. Moreover, the attorney disclosing such authority has the opportunity to frame the disclosure in a manner that seeks to diminish the impact of that authority by presenting arguments as to why it is inapplicable to the facts of the current case, or should be overturned altogether. 抄文引用元・出典: フリー百科事典『 ウィキペディア（Wikipedia）』 ■ウィキペディアで「Adverse authority」の詳細全文を読む スポンサード リンク 翻訳と辞書 : 翻訳のためのインターネットリソース Copyright(C) kotoba.ne.jp 1997-2016. All Rights Reserved.