Download or read book Report on Spoliation of Evidence written by British Columbia Law Institute and published by . This book was released on 2004 with total page 72 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Spoliation of Evidence written by Margaret M. Koesel and published by American Bar Association. This book was released on 2006 with total page 372 pages. Available in PDF, EPUB and Kindle. Book excerpt: This book is a practical treatise with practical tips addressing spoliation issues in civil practice. It will help determine what law applies to spoliation issues that arise during pending litigation or in the context of an independent tort claim for spoliation. In addition, it addresses Enron spoliation issues and electronic evidence.
Download or read book Destruction of Evidence written by Jamie S. Gorelick and published by Wolters Kluwer. This book was released on 1995-12-31 with total page 544 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practice manual as well as an authoritative resource, Destruction of Evidence analyzes issues from the standpoints of civil litigation, criminal litigation, and the laws of professional responsibility. Destruction of Evidence also discusses in-depth such areas as: the spoliation inference the tort of spoliation discovery sanctions ethics, and routine destruction Also included is an expanded discussion of discovery sanctions, including procedural issues, choice-of-law considerations, the requirements for preserving sanctions issues for appellate review, burdens of proof, and appellate review. The supplement keeps you up to date on the continuing development of the controversial torts of both first- and third party spoliation of evidence: Massachusetts has declined to recognize a cause of action in tort for intentional or negligent spoliation of evidence The Supreme Court of Mississippi did not recognize an independent cause of action for the intentional spoliation of evidence against first or third party spoliators Nevada declined to recognize an independent tort spoliation of evidence when weighed against the andquot;potentially endless litigation over a speculative loss, and by the cost to society of promoting onerous record and evidence retention policiesandquot; Constitutional implications in the realm of criminal law. Many states within the last year have been addressing the potential for due process violations when evidence is destroyed and are continuing to adopt and expand the rules dictated by Brady, Trombetta, and Youngblood. While each of these new jurisdictions refused to find due process violation, this trend recognizes the increased potential for constitutional violations when evidence is destroyed: Hawaii refused to find a constitutional violation where a police officer failed to save her completed police report, citing Brady The Supreme Court of Mississippi ruled that a defendant was not denied due process by spoliation of crime scene evidence, citing Trombetta Nevada, using a bad faith standard, ruled that an independent laboratory's failure to refrigerate a defendant's blood sample did not violate due process A New Jersey court did not find a due process violation where the police had lost a videotape of the administration of breath tests for a DUI charge Oklahoma ruled that a defendant's due process rights were not violated when the police destroyed latent crime scene fingerprints, citing Youngblood Using an exculpatory evidence standard, the Supreme Court of South Dakota ruled that the State's release of a rape victim's vehicle without notice to the defendant did not violate the defendant's due process rights.
Download or read book Spoliation of Evidence written by Jill C. Griset and published by . This book was released on 2002 with total page 182 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Spoliation of evidence written by Charles (Chuck) William Adams and published by . This book was released on 2015 with total page 88 pages. Available in PDF, EPUB and Kindle. Book excerpt: Spoliation of evidence involves the destruction of evidence to prevent its use in either pending or reasonably anticipated litigation. Electronic evidence is easily susceptible to spoliation, and consequently, as electronic discovery has become a major part of modern litigation over the past twenty years, claims of spoliation have increased dramatically, particularly for emails. The courts have responded with various sanctions. A recent survey of reported federal cases shows that the most prevalent sanction for spoliation is the adverse inference instruction in which the jury is directed that it may infer from evidence of spoliation that the destroyed evidence would have been unfavorable to the party who destroyed it. In many cases of spoliation, it may be difficult for the jury to infer what the contents of the destroyed evidence once may have been, however, because the evidence has been destroyed. Other sanctions for spoliation include dismissal, default judgment, issue preclusion, and monetary sanctions.Two significant decisions in 2010 by prominent federal judges from New York and Texas dealt with the use of adverse inference instructions in the federal courts as sanctions for spoliation. The approaches taken by the courts differed substantially with respect to the culpability of the spoliator required for an adverse inference instruction and the contents of the instructions. However, both courts imposed adverse inference instructions as sanctions.Using adverse inference instructions as sanctions for spoliation has adverse consequences. Motions for sanctions are time-consuming for both courts and litigants, and as a result of the punitive nature of sanctions, they add to the contentiousness of litigation. In addition, adverse inference instructions may not operate well as sanctions, because adverse inferences are grounded in the logical connection between spoliation and the merits of the case, rather than the policies for sanctions. Instead of sanctioning parties for spoliation through the use of adverse inference instructions, courts should handle most claims of spoliation by allowing parties to offer evidence of spoliation at trial and then argue the adverse inferences from spoliation to the jury.
Download or read book Spoliation of Evidence written by Margaret M. Koesel and published by American Bar Association. This book was released on 2013 with total page 449 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Motions for Sanctions Based Upon Spoliation of Evidence in Civil Cases written by Emery George Lee (III) and published by . This book was released on 2011 with total page 0 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Destruction of Evidence written by Jamie S. Gorelick and published by Aspen Publishers. This book was released on 1989-01-01 with total page 516 pages. Available in PDF, EPUB and Kindle. Book excerpt: A practice manual as well as an authoritative resource, this book analyzes the issues from the standpoints of civil litigation, criminal litigation, and the laws of professional responsibility. Destruction of Evidence discusses in-depth the spoliation inference, the tort of spoliation, discovery sanctions, ethics, and routine destruction.Also included is an expanded discussion of discovery sanctions, including procedural issues, choice-of-law considerations, the requirements for preserving sanctions issues for appellate review, burdens of proof, and appellate review.
Download or read book Spoliation of Evidence in a Nutshell written by Erik R. Lied and published by . This book was released on 1993 with total page 3 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book United States Attorneys Manual written by United States. Department of Justice and published by . This book was released on 1988 with total page pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Before and After written by Elliott B. Oppenheim and published by . This book was released on 1996-06 with total page 200 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Model Rules of Professional Conduct written by American Bar Association. House of Delegates and published by American Bar Association. This book was released on 2007 with total page 216 pages. Available in PDF, EPUB and Kindle. Book excerpt: The Model Rules of Professional Conduct provides an up-to-date resource for information on legal ethics. Federal, state and local courts in all jurisdictions look to the Rules for guidance in solving lawyer malpractice cases, disciplinary actions, disqualification issues, sanctions questions and much more. In this volume, black-letter Rules of Professional Conduct are followed by numbered Comments that explain each Rule's purpose and provide suggestions for its practical application. The Rules will help you identify proper conduct in a variety of given situations, review those instances where discretionary action is possible, and define the nature of the relationship between you and your clients, colleagues and the courts.
Download or read book Michigan Court Rules written by Kelly Stephen Searl and published by . This book was released on 1922 with total page 520 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book Litigating the Nursing Home Case written by James T. O'Reilly and published by American Bar Association. This book was released on 2009 with total page 290 pages. Available in PDF, EPUB and Kindle. Book excerpt:
Download or read book DNA Technology in Forensic Science written by National Research Council and published by National Academies Press. This book was released on 1992-02-01 with total page 199 pages. Available in PDF, EPUB and Kindle. Book excerpt: Matching DNA samples from crime scenes and suspects is rapidly becoming a key source of evidence for use in our justice system. DNA Technology in Forensic Science offers recommendations for resolving crucial questions that are emerging as DNA typing becomes more widespread. The volume addresses key issues: Quality and reliability in DNA typing, including the introduction of new technologies, problems of standardization, and approaches to certification. DNA typing in the courtroom, including issues of population genetics, levels of understanding among judges and juries, and admissibility. Societal issues, such as privacy of DNA data, storage of samples and data, and the rights of defendants to quality testing technology. Combining this original volume with the new update-The Evaluation of Forensic DNA Evidence-provides the complete, up-to-date picture of this highly important and visible topic. This volume offers important guidance to anyone working with this emerging law enforcement tool: policymakers, specialists in criminal law, forensic scientists, geneticists, researchers, faculty, and students.
Download or read book Truck Accident Litigation written by Laura Ruhl Genson and published by American Bar Association. This book was released on 2006 with total page 550 pages. Available in PDF, EPUB and Kindle. Book excerpt: Written by industry professionals, engineers, reconstructionists, and litigators experienced in the trucking field, this comprehensive guidebook provides a strong knowledge base of the trucking industry and serves as a how to for handling a commercial motor vehicle case from intake to trial. The book covers: the lawyer's role in a truck accident investigation; data collection, site, vehicle, and electronic evidence; spoliation of evidence; driving situations (weather conditions, hazardous materials, human factors); on-board electronics; tires, wheels and brakes; technology (what exists, how to use it, and admissibility in court); the plaintiff and defense perspectives; changes from the engineering perspective with respect to engine configuration, speed, and more; and the trial.
Download or read book The Sedona Principles written by Jonathan M. Redgrave and published by Pike & Fischer - A BNA Company. This book was released on 2007 with total page 195 pages. Available in PDF, EPUB and Kindle. Book excerpt:
