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The spoliation inference is a negative evidentiary inference that a finder of fact can draw from a party's destruction of a document or thing that is relevant to an ongoing or reasonably foreseeable civil or criminal proceeding: the finder of fact can review all evidence uncovered in as strong a light as possible against the spoliator and in favor of the opposing party.
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spoliation and inference
Spoliation has two possible consequences: in jurisdictions where the ( intentional ) act is criminal by statute, it may result in fines and incarceration for the parties who engaged in the spoliation ; in jurisdictions where relevant case law precedent has been established, proceedings possibly altered by spoliation may be interpreted under a spoliation inference.
The theory of the spoliation inference is that when a party destroys evidence, it may be reasonable to infer that the party had " consciousness of guilt " or other motivation to avoid the evidence.
In that circumstance, the defendant manufacturer or distributor may move to dismiss the case on the basis of spoliation ( instead of just having to rely on the plaintiff's usual burden of proof, the argument being that any testimony of plaintiff's witnesses would not overcome the spoliation inference born of the lost evidentiary value of the missing product itself ).
spoliation and is
The spoliation of evidence is the intentional or negligent withholding, hiding, altering, or destroying of evidence relevant to a legal proceeding.
Its subject is French spoliation claims.
The word is also used, popularly, of spoliation under legal forms, or of any seizure of property without adequate compensation.
Sokal is found guilty of spoliation of evidence and forced to resign, while Mourain is charged with perjury.
Evidence of cosmic ray spallation ( also known as " spoliation ") is evidence that the material in question has been exposed on the surface of the body of which it is part, and gives a means of measuring the length of time of exposure.
spoliation and from
During its term, the commission examined 1, 859 claims arising from over 720 spoliation incidents, and distributed the $ 5 million in a basically fair manner.
The building's consecration as a church saved it from the abandonment, destruction, and the worst of the spoliation that befell the majority of ancient Rome's buildings during the early medieval period.
The majority of the columns in the cistern appear to have been recycled from the ruins of older buildings ( a process called ' spoliation '), likely brought to Constantinople from various parts of the empire, together with those that were used in the construction of Hagia Sophia.
spoliation and destruction
Some jurisdictions have recognized a spoliation tort action, which allows the victim of destruction of evidence to file a separate tort action against a spoliator.
In the July Prior Vowell assented to the destruction of Walsingham Priory and assisted the king's commissioners in the removal of the figure of Our Lady and many of the gold and silver ornaments and in the general spoliation of the shrine.
spoliation and all
According to his later account, in 1641 Sir Christopher Hatton, foreseeing the war and dreading the ruin and spoliation of the Church, commissioned him to make exact drafts of all the monuments in Westminster Abbey and the principal churches in England.
spoliation and evidence
Under the FTC Act, the federal courts retain their traditional authority to issue equitable relief, including the appointment of receivers, monitors, the imposition of asset freezes to guard against the spoliation of funds, immediate access to business premises to preserve evidence, and other relief including financial disclosures and expedited discovery.
spoliation and against
:"( i ) to safeguard areas of exceptional natural interest against ( a ) disorderly development and ( b ) spoliation ; ( ii ) to improve the means of access for pedestrians to areas of natural beauty ; and ( iii ) to promote measures for the protection of flora and fauna.
# War crimes and crimes against humanity through the plundering and spoliation of occupied territories, and the seizure of plants both in the west ( France ) and the east ( Poland, Russia ).
# War crimes and crimes against humanity through the plundering and spoliation of occupied territories, and the seizure of plants in Austria, Czechoslovakia, Poland, Norway, France, and Russia.
spoliation and .
But this reticence to fight induced Marlborough to undertake a controversial policy of spoliation in Bavaria, burning buildings and crops throughout the rich lands south of the Danube.
They protest for the discrimination of Sahrawis in labor and for the spoliation of the natural resources of Western Sahara.
In 1536, not long after the First Suppression Act commanding the dissolution of lesser monasteries was passed, Leland lamented the spoliation of monastic libraries and addressed Thomas Cromwell in a letter seeking aid for the rescue of books.
[...] By their peaceful surrender to the Islamic army, they obtained the security for their life, belongings and religion, but they had to accept a condition of inferiority, spoliation and humiliation.
* Count VI: plunder and spoliation.
The spoliation of public monuments in Rome was under way during the fourth century, when it was covered in protective legislation in the Theodosian Code and in new legislation of Majorian.
In order to make the reigns lucrative while raising funds that would satisfy the needs of the Porte ( increased during the Stagnation of the Ottoman Empire ), Princes channeled their energies into spoliation, and the inhabitants, liable to increasing and diversified taxation, were in many instances reduced to destitution.
For the Fulda meeting of the Prussian bishops ( 1870 ) he prepared an exhaustive historical study on the spoliation of the Papal States, in which he developed at length the arguments for the temporal power of the papacy.
inference and is
The inference is overwhelming that Du Pont's commanding position was promoted by its stock interest and was not gained solely on competitive merit ''.
) Functionalism as a sociological credo is, therefore, not a direct consequence of observations, but rather an indirect consequence of philosophical inference and judgment.
The use of unit treatment additivity and randomization is similar to the design-based inference that is standard in finite-population survey sampling.
Thus, an axiom is an elementary basis for a formal logic system that together with the rules of inference define a deductive system.
This inference is supported by the date of the building of the 200 triremes for the war against Aegina on the advice of Themistocles, which is given in the Constitution of Athens as 483-482 BC.
Law is the rule which establish that a principle, provision, references, inference, observation, etc.
" It is commonly supposed that by jactus lapidum, Fitzstephen meant the game of bowls, but though it is possible that round stones may sometimes have been employed in an early variety of the game-and there is a record of iron bowls being used, though at a much later date, on festive occasions at Nairn ,-nevertheless the inference seems unwarranted.
In propositional logic, biconditional introduction is a valid rule of inference.
Biconditional elimination is the name of two valid rules of inference of propositional logic.
For some schools of Hinduism and Buddhism the received textual tradition is an epistemological category equal to perception and inference ( although this is not necessarily true for some other schools ).
A decision-theoretic justification of the use of Bayesian inference ( and hence of Bayesian probabilities ) was given by Abraham Wald, who proved that every admissible statistical procedure is either a Bayesian procedure or a limit of Bayesian procedures.
A possible inference is, that one can not be blamed for mistaken judgements if the motivation was to do good.
Conjunction introduction ( often abbreviated simply as conjunction ) is a valid rule of inference of propositional logic.
It is the inference that if the proposition p is true, and proposition q is true, then the logical conjunction of the two propositions p and q is true.
The inference of the question is that gays are not like other human beings ".
Experiments and computational models in Multimodal integration have shown that sensory input from different senses is integrated in a statistically optimal way, in addition, it appears that the kind of inferences used to infer single sources for multiple sensory inputs uses a Bayesian inference about the causal origin of the sensory stimuli.
" The contention is that this is a syllogistic inference, for it appears to require the extra premise: " Whatever has the property of thinking, exists ", a premise Descartes did not justify.
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