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Adverse inference information


Adverse inference is a legal inference, adverse to the concerned party, drawn from silence or absence of requested evidence. It is part of evidence codes based on common law in various countries.

According to Lawvibe, "the 'adverse inference' can be quite damning at trial. Essentially, when plaintiffs try to present evidence on a point essential to their case and can't because the document has been destroyed (by the defendant), the jury can infer that the evidence would have been adverse to (the defendant), and adopt the plaintiff’s reasonable interpretation of what the document would have said...."[1][better source needed]

  1. ^ "Virgin Gets Hammered by Adverse Inference". LawVibe.com. April 4, 2007. Archived from the original on November 17, 2007.

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Adverse inference

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Adverse inference is a legal inference, adverse to the concerned party, drawn from silence or absence of requested evidence. It is part of evidence codes...

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S v Thebus

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compatible with the constitutional right to silence for courts to draw an adverse inference from a criminal defendant's failure to disclose an alibi before trial...

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Right to silence

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silent when questioned. The right may include the provision that adverse inferences cannot be made by the judge or jury regarding the refusal by a defendant...

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Adverse

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otherwise constitute a trespass. Look up adverse in Wiktionary, the free dictionary. Adverse inference Adverse party Adverse possession Adverse witness v t e...

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Right to silence in England and Wales

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but has not been allowed the opportunity to consult a solicitor, no adverse inferences may be drawn. In this scenario, the appropriate caution is amended...

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Fifth Amendment to the United States Constitution

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assertion in question.'" In Baxter, the state was entitled to an adverse inference against Palmigiano because of the evidence against him and his assertion...

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Informal admissions in South African law

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permissibility of drawing an adverse inference of guilt from pre-trial silence and the constitutionality of drawing an adverse inference as to the credibility...

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Poh Yuan Nie

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silent. The prosecution therefore urged the trial court to draw an adverse inference from the trio's choice to remain silent and saw it fit to determine...

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2002 Gujarat riots

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and an inquiry committee appointed by the Supreme Court drew an "adverse inference" from the video footage, though it failed to uncover evidence that...

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Alibi

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comply with the two requirements will result in the court making an adverse inference against the alibi defence (but will not result in the exclusion of...

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Acute toxicity

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Acute toxicity describes the adverse effects of a substance that result either from a single exposure or from multiple exposures in a short period of...

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Murder of Liang Shan Shan

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guilt" in the face of the circumstantial evidence, and thus drew an adverse inference from Oh's silence. He also accepted the prosecution's arguments and...

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Second impeachment trial of Donald Trump

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letter stated that Trump's refusal to testify would support "a strong adverse inference" against Trump. The House's letter noted that there was no barrier...

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New York business fraud lawsuit against the Trump Organization

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being told and reiterated that a jury in a civil trial could "draw an adverse inference" from invocations of the Fifth Amendment right against self-incrimination...

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Margaret Drive hawker murders

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their case against an accused and the right for judges to make an adverse inference from an accused's decision to remain silent, the latter which played...

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Poisoning of Alexander Litvinenko

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murder or to identify and punish those responsible. The Court drew an adverse inference from Russia's refusal to disclose any documents from its investigation...

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Right to silence in Australia

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silence derives from common law's companion rule. The basic position is adverse inference may not be drawn about the defendant's culpability, where he/she does...

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Political trial

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if they chose to rely upon it, a trial judge could later draw an adverse inference from their silence. One notable case, of many, arising from the British...

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Shira Scheindlin

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documents in a timely manner, and the presentation to the jury of an adverse inference.[citation needed] Judge Scheindlin presided over three trials of John...

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Delrina Corp v Triolet Systems Inc

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denying that parts of Sysview were copyrightable; and (4) drawing an adverse inference from the fact that Delrina Corp. did not produce their expert's report...

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Data proliferation

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hearing a $2.7 billion lawsuit against Morgan Stanley issued an "adverse inference order" against the company for "willful and gross abuse of its discovery...

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Law of evidence in South Africa

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the court may not draw an adverse inference from the failure to make a complaint. Court also may not draw an adverse inference from the length of delay...

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Equal Employment Opportunity Commission

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direct suit on the merits of a charge, or use the legal principle of adverse inference, which assumes the withheld information is against the respondent...

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Jones v Dunkel

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adverse inference. This rule is not strict; and may be displaced if there is an adequate explanation as to why the witness was not called. Inferences...

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Electronic discovery

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of evidence and the imposition of one or more sanctions, including adverse inference jury instructions, summary judgment, monetary fines, and other sanctions...

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