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Questions and Answers
What does a spoliation order request?
What does a spoliation order request?
A spoliation order only applies to cases involving physical property.
A spoliation order only applies to cases involving physical property.
False (B)
What are the two proofs needed for a spoliation order?
What are the two proofs needed for a spoliation order?
- Peaceful undisturbed possession; 2. Forcible dispossession.
A spoliation order involves asking for restoration of property when there is a dispute over the __________ of possession.
A spoliation order involves asking for restoration of property when there is a dispute over the __________ of possession.
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Match the following terms related to spoliation orders with their definitions:
Match the following terms related to spoliation orders with their definitions:
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Flashcards
Spoliation Order
Spoliation Order
A legal order requesting someone who unlawfully disturbed your possession of property to return it while the legality of your possession is investigated.
Peaceful and Undisturbed Possession
Peaceful and Undisturbed Possession
Showing you had peaceful and undisturbed possession of the property before it was taken.
Forcibly Dispossessed
Forcibly Dispossessed
Being forcibly removed from your possession of property without your consent.
Proof of Possession
Proof of Possession
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Unlawful Disturbance of Possession
Unlawful Disturbance of Possession
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Study Notes
Spoliation Order
- A spoliation order compels a person who unlawfully interfered with another's property to return it while the legality of possession is determined.
- Key condition: The person seeking the order must demonstrate peaceful and undisturbed prior possession of the property.
- Key condition: The person seeking the order must demonstrate forceful dispossession.
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Description
This quiz will explore the concept of spoliation orders, which are legal mandates requiring the return of unlawfully interfered property. Key conditions for seeking such orders include demonstrating peaceful prior possession and evidence of forceful dispossession. Test your knowledge on these important legal principles!
