Using the case referenced above, please answer the following questions:

1. According to this case, when does the duty to preserve arise in general (i.e., not just in this case)?

2. Explain what an adverse inference instruction is. Why would such an instruction be useful in a civil trial?

3. Why did plaintiffs in this case seek an adverse inference instruction? What evidence did they provide to support their allegations?

4. What elements does the plaintiff need to prove to justify an adverse inference instruction? Refer to specific elements in the Opinion in your answer.

5. This court determined there were two avenues available to prove the relevance of allegedly spoliated information. What are they?

6. What is the state of mind required to show spoliation?