statute of limitations

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statute of limitations

State and federal laws that place a time limit on the ability to make certain claims in a lawsuit.The various statutes are usually fairly clear and might provide 6 years for breach of contract, 2 years for negligence, and 10 years for rights to real property.The part that causes all the litigation is the question of “when does the time period start to run?”As a general rule of thumb, the clock starts ticking when there has been a harm that would give rise to the ability to sue. If a stairway is erected improperly in year 1,but there is no way to know this until it collapses in year 5, then the statute of limitations begins to run in year 5.

The Complete Real Estate Encyclopedia by Denise L. Evans, JD & O. William Evans, JD. Copyright © 2007 by The McGraw-Hill Companies, Inc.
References in periodicals archive ?
[section]108(c), which tolls statutes of limitation during the pendency of a bankruptcy proceeding, ...
Statutes of limitation for assessments are often longer than statutes of limitation for refund claims.
This interpretation is consistent with the broad aims of the PRA, is beneficial to government agencies, and is in line with the purpose of statutes of limitations. Accordingly, Division 2's holding in Bartz is a more reasonable approach to the issue and should be adopted by courts statewide.
This article will serve as an introduction to statutes of limitations, detail the laws of a few Gulf region countries, as well as explain why businesses conducting trade in the Gulf region need to know about them when they pursue enforcement on a claim.
If the government's interest in prosecuting crimes, and the goals of just deserts and victims' rights were the only considerations, statutes of limitations might well be "arbitrary," but other weighty considerations argue in favor of having time-bars to prosecution.
Statutes of limitations have existed since the beginning of the modern legal system and, in some limited forms, actually predate most modern systems.
The policy goals for laches are the same as for statutes of limitation: protecting the defendant from perpetual liability, (32) protecting the courts from having to hear stale claims, (33) and encouraging plaintiffs to bring their suits in a reasonably prompt manner.
This Comment will argue that: (1) DNA-based indictments meet the legal sufficiency requirements for description; (2) DNA indictments are generally consistent with the rationales behind statutes of limitations; (3) DNA indictments are subject to certain limitations; and (4) checks must be employed when using genetic profiles to commence a prosecution.
Statutes of limitation and of repose, and their parallel doctrines in other branches of the law, have been around for a very long time.
Forty states and Washington, D.C., have statutes of limitation of eight years or less, according to Jeff Caruso, executive director of the Virginia Catholic Conference, which opposed the bill.
ORDINARILY STATUTES OF LIMITATION TIME BAR FILING SUITS.
The first circumstance under which statutes of limitation apply is where a state statute expressly provides for their application.