Spoliation Order Overview

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Questions and Answers

What does a spoliation order request?

Restoration of unlawfully possessed property (correct)
Compensation for legal fees
An investigation into criminal activity
A formal eviction notice

A spoliation order only applies to cases involving physical property.

False (B)

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.

<p>lawfulness</p> Signup and view all the answers

Match the following terms related to spoliation orders with their definitions:

<p>Spoliation order = A request for the restitution of unlawfully disturbed property Possession = The state of having or holding property Forcible dispossession = The act of unlawfully removing someone from their property Peaceful possession = Owning property without disturbance or threat</p> Signup and view all the answers

Flashcards

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

Showing you had peaceful and undisturbed possession of the property before it was taken.

Forcibly Dispossessed

Being forcibly removed from your possession of property without your consent.

Proof of Possession

Evidence that demonstrates you were in possession of the property before it was taken.

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Unlawful Disturbance of Possession

A situation where someone unlawfully takes your property, disrupting your peaceful 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.