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.

References in periodicals archive ?
Finally, statutes of limitations are designed to provide certainty and finality to litigation, (118) a goal that would be undermined by a strictly literal interpretation of [section] 42.
This discussion has provided a guide to the state tax statutes of limitations for individual taxpayers.
Statutes of limitations are said to be the desire of legislators to not overburden debtors, and to prevent the accumulation of debts for many years.
Statutes of limitations benefit society as well as the accused.
Statutes of limitation are statutes of repose-they are designed to bar stale claims.
The United States and some European countries have done away with the statutes of limitations on some types of crimes.
Statutes of limitations originated under Roman law and continue to exist in modern European and American law today.
The relevant case law reflects that statutes of limitations generally apply in arbitration only under limited circumstances.
I conclude that the policies served by statutes of limitations and laches are not so important so as to require the abolition of nullum tempus due to their focus on punishing tardy plaintiffs; however, the policies behind statutes of repose are distinct and significant enough to undermine the governmental use of the doctrine because those statutes focus solely on protecting defendants.
Current limits on criminal prosecutions were established when DNA-testing techniques were in their infancy; now the law must catch up with the science, say legislators seeking to extend or banish statutes of limitations so that police and prosecutors can still pursue cases when funds to process DNA evidence are allocated.
This type of comprehensive protection necessarily controls over other statutes of limitations.
In addition, most states have,default statutes of limitations that require suits for professional negligence to be brought within two or three years.