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Due diligence is the process used to conduct the investigation of a person or business entity. In most cases, the investigation is a voluntary procedure, but can also be legally mandated by a judge or court.
Origin
Due diligence first appeared as a term in the United States' Securities Act of 1933 to describe the disclosure of investment information in a case pertaining to the purchase of securities.
Business
In business, due diligence involves the disclosure of legal, labor, tax and other financial information to a person investigating the business. Due diligence can also extend to cover personal and intellectual property.
Civil Litigation
Due diligence in civil litigation is the responsibility of one legal party to avoid knowingly causing harm to the other legal party during an investigation or court proceedings.
Criminal Defense
Due diligence is the only applicable criminal defense of a crime involving strict liability. A defendant must prove beyond a reasonable doubt that she did everything in her power to stop the criminal act from occurring.
Environmental
Environmental due diligence refers to the assessment of a real estate property and financial transactions related to the property.
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