Legal Question in Family Law in Maryland
what is the principle or doctrine related to 'fruit from poisonous tree' concept
There is a legal concept whereby if evidence is obtained illigitamately, all that is 'dependant' on that evidence is 'poisoned' and or inadmissable - or something to that effect.... What is the term, principle or doctrine most related to that said concept? and is there a doctrine whereby when any US State (via, e.g., court or executive Order) acts illigitamately (e.g., to abridge an established right), all of the actions predicated on that illigitamate act are 'poisoned'? (i.e., at least until the act is upheld by Appellate Courts)? e.g., if a court orders a citizen to abdicate copyright ownership of a song (and place it into the public domain), and someone else derives another song from that said then public domain song... would the act of copyrighting the derivative song be 'poisoned' - should the original order to abdicate the copyright ownership be overturned?
2 Answers from Attorneys
Re: what is the principle or doctrine related to 'fruit from poisonous tree' con
It is very difficult to understand your question and it is impossible to
discern how it relates to the family law category. Suggest you re-submit your
question with details of your issue rather than try to obtain your answer through a hypothetical
copyright example.
But, all that said, I'll attempt to help you. You may be speaking of the doctrine of unclean hands.
This doctrine is not well understood. It basically stands for, he/she who comes to the court with an action and having unclean hands shall
not benefit from the fault/irresponsibility of another. Now, that may seems simple but there is much embedded within this doctrine.
The single most important thing to understand is that the doctrine is not for the benefit of the parties, rather it is a
doctrine for the benefit of the court, see Stancill v. Stancill, 397 A.2d 218 at 222 (1979) quoating Space Aero Products Co. v Darling Co., 208 A.2d 74 at 88 (1965).
Stancill applies the doctrine in the setting of domestic law whereas Space Aero applies it in a commercial setting. Essentially these two cases, as many others, come to the
more reasoned position that the doctrine is not one to be applied to the detriment of complaining party solely as a way to "make things right".
Analysis of this doctrine rests on many aspects including whether there is but one or several avenues of redress, whether the actions being brought are dependent or independent of each other, matters of equity and fairness, and other matters.
The key issue is that the doctrine can be articulated by a party but it is invoked for the protection of the court.
I hope that helps to address your question.
Re: what is the principle or doctrine related to 'fruit from poisonous tree' con
The "Fruit of the Poisonous Tree" is a doctrine
from the criminal law having to do with the
mandatory exclusion of evidence illegally obtained
by police officials conducting illegal searches of
persons and/or property without proper legal
authority to do so, i.e.warrants.
It has nothing whatsoever to do with civil law
matters and, specifically, intellectual property
as suggested in your question.
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