spoliating

If not good enough to help Russia spoil Turkey, the Czar must be taught he was good enough to help England prevent the spoliating scheme.

The Atlantic Monthly, Volume 18, No. 109, November, 1866 Various

That the commanding general of any army in the field shall have the power to direct the dismounting of any non-commissioned officer or officers, soldier or soldiers, in the cavalry service in his command, and to place him or them in the infantry, who shall misbehave before the enemy, or shall be guilty of illegally wasting, spoliating, or appropriating to his own use any private property, or of doing any violence to any citizen.

A digest of the military and naval laws of the Confederate States : from the commencement of the Provisional Congress to the end of the first Congress under the permanent constitution, Confederate States of America. 1864

Those objects were -- the enforcement of the laws; the suppression of a local insurrection; the reintegration of the disputed territory; the protection of the Capitol and its archives from the spoliating hands of traitors.

The American Union Speaker 1852

But because they were not noble, because they could trace no mystified descent from a foreign invader, or the sacrilegious minion of some spoliating despot, their daughter was hunted from the family which should have exulted to receive her, and the land of which she was the native ornament.

Coningsby Benjamin Disraeli 1842

The carrying off relics -- the robbing of Peter to pay Paul, and spoliating one church to enrich another -- was an old trick of legitimate conquerors in all ages; for this very '_dish_' had been carried away by the royal crusaders, when they took _Cesarea_ in Palestine, under

Anecdotes of Painters, Engravers, Sculptors and Architects and Curiosities of Art (Vol. 3 of 3) Shearjashub Spooner 1834

In its decision, the court found that "[r] elevance and prejudice may be presumed when the spoliating party acted in bad faith or in a grossly negligent manner."

Law.com - Newswire 2010

In short, the innocent party must prove the following three elements: that the spoliating party (1) had control over the evidence and an obligation to preserve it at the time of destruction or loss; (2) acted with a culpable state of mind upon destroying or losing the evidence; and that (3) the missing evidence is relevant to the innocent party's claim or defense.

Discovery Resources DiscoveryResources.org Editor 2010

Relevance and prejudice may be presumed when the spoliating party acted in bad faith or in a grossly negligent manner ….

Discovery Resources DiscoveryResources.org Editor 2010

By creating or, given the case law cited by the court, recognizing a presumption of relevance and prejudice when the spoliating party acts in bad faith or grossly negligently, while not when the spoliating party was "merely" negligent in not preserving the data, the court tried to balance two concerns.

Law.com - Newswire 2010

The presumptions are rebuttable and, diverging from the Spade approach, no presumption arises "when the spoliating party was merely negligent."

Law.com - Newswire 2010