Sentences with phrase «inference jury instruction»

Improper management of electronic information can result in a finding of spoliation of evidence and the imposition of one or more sanctions including adverse inference jury instructions, summary judgment, monetary fines, and other sanctions.

Not exact matches

Sanctions can include fines, payment of attorneys» fees, adverse inference instructions to the jury, evidentiary preclusion, striking a pleading or granting a default judgment against the spoliator.

«By prohibiting admission of sexual history evidence to support the inferences leading to the twin myths, parliament has signalled that because of the significant dangers of influencing the jury to engage in lines of reasoning based on those myths, it is not sufficient to allow them to hear it even with an appropriate cautionary instruction.»

[138] At para. 32 of Buksh, Saunders J.A. commented that the tactic of asking for an adverse inference was being much overused in today's legal environment, and that the inference, «requires, at the least, a threshold examination by the trial judge before such an instruction is given to the jury».