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 ?
The trial judge refused to give a spoliation jury instruction because there was no duty to preserve in the absence of a statutory requirement or a written request for the video by the plaintiff.
47) But the most commonly imposed spoliation sanction is the spoliation inference, "'the oldest and most venerable remedy' for the spoliation of evidence.
44) Finally, in 2001 the Tate had included the painting on its List of works with incomplete provenance during the period 1933-1945 but had decided not to pursue provenance research on it at the time because, as a British work, it was "not a priority in spoliation terms" and was also one of many works in that particular category.
Avoiding e-discovery spoliation sanctions isn't exactly a straightforward process, considering the myriad changes in case law.
Caburnay alleged that the Hospital was guilty of Spoliation of Evidence since it was unable to produce the mat upon which the doctor fell.
Moreover, the subsequent treatment of Pension Committee by other courts has highlighted the absence (and need for) national standards pertaining to the preservation of electronically stored information and the appropriate protocols governing spoliation sanctions should litigants fail to do so adequately.
A Spoliation is the destruction or alteration of evidence or failure to preserve property for another's use in litigation.
The plaintiffs' second cause of action sought recovery of damages for negligent spoliation of evidence based upon the destruction of Robert Hillman's records at a time when dr.
To avoid spoliation, a company must know when it has an obligation to preserve information and what information it must preserve.
Perhaps the forthcoming increase in the cost of petrol will curb their enthusiasm for the spoliation of a beautiful wilderness in the future.
Under the Bill, which covers bodies such as the British Museum and the Imperial War Museum, the Spoliation Advisory Panel will assess whether a work of art was looted and recommend to the Culture Secretary if it should be returned.
Spoliation is "the destruction or significant alteration of evidence, or the failure to preserve property for another's use as evidence in pending or reasonably foreseeable litigation.