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Supreme Court of California

DEFINITION

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EXPLANATION

The California Supreme Court is the highest court in California and the final legal authority in the state. It consists of a chief justice and six junior justices, known as associate justices. When a legal case is disputed between parties, both the defendant and plaintiff have the ability to appeal the court’s decision.

If the California Supreme Court agrees to hear the case, the appealing party has the ability to have a lower court’s ruling reversed with proper evidence. Although the state Supreme Court can reverse a court of appeals decision, its ruling cannot become precedent. In the event that the court denies an appellant’s plea to review a case, the previous lower court’s previous verdict will remain in effect.

Supreme Court of California and Agent’s Duty to Disclose

The California Supreme Court has strengthened the requirement of the agent’s duty to disclose material facts to the principal. The duty to disclose information includes the need to counsel clients, including offering advice and making recommendations when necessary. Failure of the broker to inform principals of vital information cannot only lead to the forfeiture of profits, but it can also result in the revocation of the broker’s license. Courts have further concluded that agents are not permitted to enjoy the fruits of an advantage gained from not properly disclosing information. The law requires all efforts, advice, and actions to be in the best good faith manner for the benefit of the principal. The law indicates that the agent is barred from profiting at the expense of the principal.con

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