spoliator


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spo·li·a·tion

 (spō′lē-ā′shən)
n.
1. The act of despoiling or plundering.
2. Law Unauthorized alteration or destruction of a legal document, such as a contract or will.

[Middle English spoliacioun, from Anglo-Norman, from Latin spoliātiō, spoliātiōn-, from spoliātus, past participle of spoliāre, to despoil; see spoil.]

spo′li·a′tor n.

spoliator

(ˈspəʊlɪˌeɪtə)
n
a plunderer
References in periodicals archive ?
111) A parallel to this assumption is a spoliation inference, which sanctions a party who withholds, tampers, or destroys evidence by assuming that the missing or changed evidence was unfavorable to the spoliator.
In addition to these four prerequisites, a party that seeks the most severe sanctions available under Rule 37(e) must also demonstrate the alleged spoliator "acted with the intent" to keep relevant information from the receiving party "to deprive" the receiving party of useful information.
June 19, 2015) (a court must determine the level of culpability of the spoliator as well as "the prejudice suffered by the non-spoliating party").
11, 2013) ("In order to remedy the evidentiary imbalance created by the destruction of evidence, an adverse inference may be appropriate, even in the absence of a showing that the spoliator acted in bad faith.
The hurdle of an adverse interest instruction often "is too difficult a hurdle for the spoliator to overcome.
17) "Spoliation is established by proving (i) the evidence existed at one time, (ii) the alleged spoliator had a duty to preserve the evidence, and (iii) the evidence was crucial to the movant's prima facie case or defense.
Some companies--because they fear being called a spoliator even if they win the motion--seem to be taking the approach of preserving everything and then complaining when they have to search it because the cost is not proportional.
A Restitutor A Rotator A Runcator A Ruptor A Salutator A Sartor A Sator A Scalptor A Screator B Sector A Seminator A Serenator B Sospitator A Spoliator A Sponsor A Sputator B Stabilitor A Stipulator A Suasor A Subiector B Subiugator A Subuersor A Tergiuersator A Translator A Tritor A Triumphator A Vitor A Vestigator A Vexator A Vindemiator A Violator A
This requirement] is even more necessary where the destruction was merely negligent, since in those cases it cannot be inferred from the conduct of the spoliator that the evidence would even have been harmful to him.
61) A popular test applied by federal courts to determine when sanctions for spoliation should apply requires showing that a spoliator had a duty to preserve, a culpable state of mind, and that the destroyed evidence was relevant to a party's claims or defenses.