spoliation

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Spoliation

Any erasure, interlineation, or other alteration made to Commercial Paper, such as a check or promissory note, by an individual who is not acting pursuant to the consent of the parties who have an interest in such instrument.

A spoliator of evidence in a legal action is an individual who neglects to produce evidence that is in her possession or control. In such a situation, any inferences that might be drawn against the party are permitted, and the withholding of the evidence is attributed to the person's presumed knowledge that it would have served to operate against her.

spoliation

noun attack, brigandage, depredation, deprivation, desolation, despoliation, devastation, direption, foray, marauding, pilfering, pillage, pillaging, piracy, plunder, plunderage, plundering, raid, ransack, rapine, robbery, sack, theft, thievery
See also: depredation, deterioration, dissolution, havoc, pillage, plunder, rape

spoliation

destruction; the material alteration of a document so as to render it invalid.

SPOLIATION, Eng. eccl. law. The name of a suit sued out in the spiritual court to recover for the fruits of the church, or for the church itself. F. N. B. 85.
     2. It is also a waste of church property by an ecclesiastical person. 3 Bl. Com. 90.

SPOLIATION, torts. Destruction of a thing by the act of a stranger; as, the erasure or alteration of a writing by the act of a stranger, is called spoliation. This has not the effect to destroy its character or legal effect. 1 Greenl. Ev. Sec. 566. 2. By spoliation is also understood the total destruction of a thing; as, the spoliation of papers, by the captured party, is generally regarded as proof of. guilt, but in America it is open to explanation, except in certain cases where there is a vehement presumption of bad faith. 2 Wheat. 227, 241; 1 Dods. Adm. 480, 486. See Alteration.

References in periodicals archive ?
For the better part of the next 20 years, the tort of spoliation of evidence and its evidentiary siblings spawned by Bondu and Valcin continued to flourish and become more well-defined in first-party cases.
(indicating sanction for spoliation of evidence "should fit the wrong").
It is well established that when spoliation of evidence occurs, a court may impose discovery sanctions pursuant to Rule 37(b) of the Federal Rules of Civil Procedure, and more generally, pursuant to a court's "inherent power to manage its own affairs." (24)
(58.) The South Dakota Supreme Court has addressed issues pertaining to spoliation of evidence and discovery violations outside the "electronic discovery realm." See, e.g., State v.
In Massachusetts, the SJC has a fairly nebulous approach to imposing sanctions for spoliation of evidence during discovery.
The duty to preserve evidence must be taken seriously and measures can and should be put in place to avoid spoliation of evidence and resultant potential sanctions, which may at a minimum, hamper, and at worst completely eliminate, the defense of a lawsuit.
The "Spoliation of Evidence" packet contains an overview of spoliation law, state by state; sample preservation letters; and over 30 court documents from medical negligence, automobile/trucking, civil rights/discrimination, and nursing home cases.
More recently, however, the spoliation of evidence has resulted in the ability to assert an independent cause of action in tort.
If an association follows the policy's guidelines for periodic destruction only when it anticipates an investigation or a lawsuit, the policy will not be a valid defense to a charge of obstruction of justice or spoliation of evidence. Therefore, it is critical to ensure that employees understand the policy and consistently adhere to it.
This "digital shredding" can still become what lawyers call negligent or willful spoliation of evidence. New accountability rules, such as the Sarbanes-Oxley Act, make companies and management liable to criminal charges and civil actions for flawed record management systems, deliberate or not.
But receiving a sanction of default in a lawsuit, seeing your company's stock price plummet or being accused of "spoliation of evidence" would surely be worse.
Bayliner Marine Corp., the district court confronted the shockingly pervasive problem of spoliation of evidence. (13) Spoliation occurs when a party destroys, mutilates, alters, or conceals relevant evidence.