Also known as:honors · honored · honoring · honour
Written by attorneys · grounded in primary & secondary sources — see below
To fulfill or comply with a legal duty, promise, or invocation by performing the required conduct or refraining from prohibited action.
Sources & Authorities
How it applies
Common Examples
6
Police Resume Questioning After Invocation
Hugo Hart invoked his right to remain silent during custodial interrogation. Officers immediately stopped questioning and waited several hours before approaching him again. They delivered fresh Miranda warnings and confined the new session to an unrelated offense. The court held that the officers had scrupulously honored the invocation, so Hart's later statements were admissible.
Forum Selection Clause Enforced
Hope Howard's shipping contract with Horizon Realty contained an English forum selection clause negotiated at arm's length. When a dispute arose, Howard sued in a U.S. court. The court dismissed the action and required the parties to litigate in England, holding that the clause must be honored absent extraordinary circumstances.
Select any source to read its text and confirm it supports the definition.
Cases
Uniform Acts
Model Codes
Restatements
Study Supplements
Dictionaries
The Bremen v. Zapata Off-Shore Co.407 U.S. 1 (1972)
Mortgage Moratorium Upheld
Harper Hill defaulted on a mortgage during the Depression. State law extended the redemption period and limited foreclosure remedies. The lender argued that the law impaired its contract rights. The court upheld the statute, ruling that the emergency measure could be honored without violating the Contract Clause.
Home Building & Loan Association v. Blaisdell290 U.S. 398, 54 S.Ct. 231, 78 L.Ed. 413 (1934)
Immigration Advice Obligation
Heidi Henderson's counsel failed to advise her that a guilty plea would trigger deportation. The court held that counsel must honor the duty to provide accurate immigration advice before a plea. Henderson's conviction was vacated because the omission rendered the plea involuntary.
Padilla v. Kentucky130 S. Ct. 1473, 1485 (2010)
Source Confidentiality Promise
Henry Hoffman gave documents to a reporter under a promise of anonymity. The newspaper later published his name. The court held that the promise created an enforceable obligation that the paper must honor under state promissory estoppel law, even though the First Amendment did not compel disclosure.
Cohen v. Cowles Media Co.501 U.S. 663 (1991)
Extended Family Zoning Ordinance
Hakeem Harris lived with his grandchildren and a cousin in a single-family zone. The city ordinance limited households to nuclear families. The court held that the ordinance violated substantive due process because it failed to honor the constitutional protection historically afforded to extended family living arrangements.
Moore v. City of East Cleveland, Ohio431 U.S. 494, 503 (1977)
Common questions
Frequently Asked
4
What must officers do to scrupulously honor a suspect's invocation of the right to remain silent?+
Officers must immediately cease questioning, wait a significant period, administer fresh Miranda warnings, and limit later questioning to a different crime. Failure to follow these steps renders subsequent statements inadmissible.
Does the duty to honor a forum selection clause apply to international contracts?+
Yes. Courts enforce forum selection clauses in international agreements when they result from arm's-length negotiation by sophisticated parties, absent a compelling reason to set them aside.
When may a state law temporarily override contractual obligations without violating the Contract Clause?+
A state may honor emergency legislation that modifies contract remedies when the measure addresses a broad economic crisis and is reasonable and appropriate to the emergency.
What consequence follows when defense counsel fails to honor the duty to advise about immigration consequences of a plea?+
The plea is involuntary and the conviction may be vacated because counsel's omission constitutes ineffective assistance under the Sixth Amendment.
431 U.S. 494, 503 (1977)Property
…history. Though its salutary effects are undisputed, they have often been casually neglected, due to the judicial penchant of honoring the doctrine more in the breach than in the observance. For my part, the time has come to insist on enforcement of the doctrine whenever the local or state remedy is adequate and where…