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

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 ?
(67) See cases cited supra note 66 and accompanying text (summarizing spoliation jurisprudence in Massachusetts).
even though their damages cannot be stated with certainty"; and 4) plaintiff's allegation that the dealer's spoliation of evidence had "significantly prejudiced" her case was sufficient to survive a motion to dismiss.
The revised bill also provides that no independent cause of action for negligent or intentional spoliation of evidence is created.
But it will allow both sides to present evidence regarding the alleged spoliation of evidence and regarding whether Veolia suffered any unfair prejudice as a result.
"For the reasons that follow, the motion for findings of spoliation of evidence is denied, except for two Items, as to which it is denied without prejudice to Quick Fitting seeking a curative sanction depending on what is presented at trial.
The Eastern District also said the defense may have confused the jury by mischaracterizing the law on adverse inferences during closings by saying there was nothing in the jury instructions about spoliation of any evidence.
As regards a roadmap for future steps, Ambassador Eizenstat had some clear advice which included that: definitions of spoliation should cover forced sales and 'flight sales' as well as direct cases of theft (a point with which few would argue); provenance research must extend to private collections; the publication of data is crucial and States should provide single points of contact for claims; claims should not be time-limited if the identity and location of the objects was not previously known; the European Commission should step up its involvement; and finally that creative solutions should be sought in relation to heirless art, which might involve it being loaned, for example, to institutions in Israel, and displayed with panels describing the work's history.
In the United States, spoliation issues are dealt with through the courts.
In its decision, the circuit court first ruled that looking solely to the specific claims that Rivera asserted against White Racing -- spoliation and failure to cooperate under Fla.
Le gouvernorat de Beja vient en tete (3115 hectares recuperes) tandis que le gouvernorat de Tataouine n'a enregistre aucun acte de spoliation de terrains domaniaux.
Focus: Spoliation of Evidence Doctrine Brianna Kopp, Victoria Neuman, and Jennifer Kempka (collectively, the Plaintiffs) appeal an order dismissing their claims against the School District of Crivitz and its insurer (together, the District), Michael and Kam Dama (together, the Damas), and their daughter, Sophia Dama (collectively with the Damas and the District, the Defendants).