Search Results - Statute of limitations
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A statute of limitations is a statute in a common law legal system that sets forth the maximum period of time, after certain events, that legal proceedings based on those events may be initiated. In civil law systems, similar provisions are usually part of the civil code or criminal code and are often known collectively as "periods of prescription" or "prescriptive periods." Common law legal system might have a statute, for example, limiting the time for prosecution of crimes designated as misdemeanors to two years after the offense occurred. Under such a statute, if a person is discovered to have committed a misdemeanor three years ago, the time has expired for the prosecution of the misdemeanor. While on one hand it may seem unfair to forbid prosecution of crimes that law enforcement can now prove to the standard required by law (cf., e.g., Beyond a reasonable doubt, Clear and convincing evidence, and Preponderance of the evidence), the purpose of a statute of limitations or its equivalent is to ensure that the possibility of punishment for an act committed sufficiently long ago cannot give rise to either a person's incarceration or the criminal justice system's activation. In short, unless it be a heinous crime--as a rule, murder; often rape; and occasionally such violent crimes as robbery or arson--social justice as enacted through law has compromised that lesser crimes from long ago are best let be rather than distract attention from contemporary serious crimes. In a related concept, contracts may also have a term under which they may be sued, and after which a plaintiff is held to have waived his right to vindicate his claim. Under Article VI of the United States Constitution, private contracts cannot be abridged; this provision has been held by the United States Supreme Court to mean that the federal government or a State can only vitiate a contract if it directly opposes an important public policy. Similarly, the Charter of Fundamental Rights, codified into law applicable to European Union countries by the passage and ratification of the Lisbon Treaty, indicates that private parties shall be free to contract amongst themselves without inference by governmental bodies; this rule, being only advanced to law recently because of certain nations' reticence to ratify the Lisbon Treaty, has not yet been tested in a judicial context. As a rule, under the Uniform Commercial Code (generally called the UCC), to which almost all of the several States of the United States, and their fellow North American nations have subscribed, a contract can only be sued upon for breach of performance for six years after the contracted performance became due. A crime (in the case of a criminal prosecution) or a cause of action (in a civil lawsuit) is said to have accrued when the event beginning its time limitation occurs. Sometimes this is the event itself that is the subject of the suit or prosecution (such as a crime or personal injury), but it may also be an event such as the discovery of a condition one wishes to redress, such as discovering a defect in a manufactured good, or in the case of controversial "repressed memory" cases where someone discovers memories of childhood sexual abuse long afterwards.
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Showing 1 to 25 of 46 Articles matching 'Statute of limitations' in related articles. |
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1. Finding The Right Attorney For Personal Injury To Suit Your Needs
November 20, 2009
When a person is injured because of a product, they often require the assistance of a product liability attorney. Product liability cases are very detailed and complex and require special knowledge, skills, and expertise. When the Lawyer For Product Liabilities is interviewed it is important that they have a history of working with the type of injury and products that are involved.
Many states have strict regulations about liability lawsuits. In most cases there is a statute of limitations and deadlines for filing documents that must be adhered to. The attorney that is chosen will be able t... (read more)
Author: Ben Pate
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2. Statutory Rape: Reporting Myths & Facts
November 12, 2009
In efforts to reduce the crisis of teenage pregnancies and epidemic of welfare-dependant fatherless families, the laws governing statutory rape have become exceedingly strict and more aggressively enforced in the last decade. In effect, nearly every state has instituted a broader category of definition and has extended the time to find and punish perpetrators. Despite this expansion of explicit laws proscribing statutory rape, the potential for conviction of a defendant depends on various legal issues: the year of commission, the status of relationship with the child, the role of the accuser i... (read more)
Author: Sam Cadbury
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3. Stop creditor and collection agency abuse
October 23, 2009
A collection agency can pull a consumers credit report only if the debt is past Statute of Limitations (SOL). If a debt is not paid off it will go to the law office or will be considered as a charged off and that is exactly how it appears the on the credit report. As far as the credit report is concerned if the payment is not made it will show as a charged off which is as bad as bankruptcy. The best thing that is suggested is to pay off the debts by taking the help of the settlement companies where nearly half of the debt is waived off. It is however better to pay off a part if not the total! ... (read more)
Author: B G
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4. Why You Need to Understand Statute of Limitations
October 08, 2009
Can you be pursued forever on a legal claim? This may sound like a simple question, but the answer is somewhat more complex than you might realize. It all comes down to something known as the “statute of limitations.”
There is something known as public policy that is applied to legal dictates in court cases and in legislative bodies such as Congress when passing laws. The basic idea is something should pass because it is in the best interest of the public. The smoking ban in government buildings is once such law passed as a matter of public policy. This policy is also applied to the quest... (read more)
Author: Thomas Ajava
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5. What Every Business Should Know about Florida's Statute of Limitations Law
September 18, 2009
You'd be hard-pressed to find an entrepreneur that doesn't dream of engaging in business and getting paid for their services with minimal conflicts. However, if you're providing a service to the general public there may come a time when you must seek legal remedies for outstanding invoices or other incurred losses.
There may be instances that warrant the filing of lawsuits for breach of contract, special performance, or other civil actions. If you've been injured financially, physically or emotionally, you may be entitled to recover damages from the at-fault party or parties. Nevertheless... (read more)
Author: Mark Schecter
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6. Common Defenses to Florida Breach of Contract Claims
September 18, 2009
When you entered into that business contract I'm sure you expected everything to run smoothly. You probably relied on the other party to fulfill their obligations as agreed, and to pay you for the services your company provided. Most business owners are just like you. They hope for the best when it comes to doing business with the public. However, many are shocked when the other party reneges on their promises, and fails to satisfy their end of the bargain as agreed. In previous articles, I've discussed the importance of doing business with a valid written contract, the essential el... (read more)
Author: Mark Schecter
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7. What is the Limitations of Credit Card Debt Statute
August 12, 2009
Most laws have a statute of limitations. Even criminal prosecutions have a time limit (except in the case of murder), and if enough time has passed since your violation then you're home free. When it comes to debt obligations, there is also a statute of limitations you need to be aware of.
The exact number of years varies from state to state, and you should contact your state attorney's office because these laws can change from time to time even within your own state. For example, let's say your state has a six-year time limit. If six years have passed since you last used your account or ... (read more)
Author: cecilia holmes
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8. Credit Card Debt Statute of Limitations - What Law It Applies
July 31, 2009
You are being threatened with a lawsuit on an old credit card debt. How do you determine if the claim against you is barred by the credit card debt statute of limitations? Does federal or state law apply? If state law, which state's law will apply? Is it the state you live in or some other state's law?
There is no federal statute of limitations for credit card debt. Thus, you need to look to state law for an answer. But wait a minute. You might not want to look at the law for the state you live in. That is because most, if not all, credit card agreements have a "choice of law" provision w... (read more)
Author: cecilia holmes
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9. TAX HELP SAN JOSE - STATUTE OF LIMITATIONS - TAX HELP SEATTLE
May 04, 2009
DWK TAX GROUP ( http://www.dwktax.com ) YOUR NATIONWIDE INTERNET TAX RESOLUTION COMPANY. Let's talk about OLD TAX PROBLEMS. How Long Can the IRS Collect Back Taxes or Audit My Tax Return? Many people incorrectly believe that the IRS can collect back taxes until the day you die. Some believe the IRS can collect taxes even after you are dead. Fortunately, the law isn't that bad. The statute of limitations limits the time during which an action can be brought by the IRS for a tax audit and the time for IRS tax collection activities. Generally, there is a 3-year statute of lim... (read more)
Author: David Rosa
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10. Judgment Recovery and Statute of Limitations for Judgment Recovery
March 27, 2009
The Judgment recovery statue of limitations regards the amount of time given for judgment recovery professional or judgment recovery specialist for judgment recovery after a judgment has been awarded. Statue of Limitations for judgment recovery - is an act that was passed by the civil body in the legislatively assembly and was incorporated as a civil law code. The statue of limitation for judgment recovery is also known as Period of prescription for judgment recovery - or - the prescriptive period for judgment recovery. Usually, the first thing the defendant or the debtor looks for is the stat... (read more)
Author: David Jbalington
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11. Statutes of Limitations
March 25, 2009
Statutes of limitation on their surface may seem simple to apply and there are many locations on the web where those who consider that they have legal rights may look to find the state statute of limitations which applies to their claim. Half of those who are likely to look up this information want to find out if the statute of limitations has expired on their case. The other half may want to assure themselves that they have plenty of time left on their statute of limitations so they can attend to matters more pressing matters than the lawsuit, such as seeking out the right medical care and co... (read more)
Author: Ray Henke
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12. Las Vegas Medical Malpractice Lawsuit Underway
February 12, 2009
The Nevada Supreme Court recently ruled that a Las Vegas medical malpractice lawsuit will be able to continue despite the fact that the lawsuit was filed four years after the medical mistake occurred. Mother Files Birth Injury Lawsuit The mother of James Monroe filed a birth injury lawsuit against Sunrise Hospital, claiming that her baby suffers brain damage due to a medical mistake during the birthing process. According to the suit, the newborn’s head was sliced open with a scalpel during an emergency Caesarean section. Baby James was transferred to Southwest Regional Neonatal Center an h... (read more)
Author: Joe Silver
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13. How To Deal With Debt Collectors
January 29, 2009
Unfortunately debt collectors are often less than ethical. This has caused the government to pass legislation to protect you from unethical collection methods.If the debt they are contacting you about is legit then you should ask for validation of the debt. This must be done in writing. If you neglect to do this and ask for validation over the phone 99% of the time it will be completely ignored. Additionally send it certified mail so you have proof that they received your validation letter.If you debt is validated and is within the statute of limitations in your respective state then you can n... (read more)
Author: Justin Hutto
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14. Regarding the Statute of Limitations on a Tax Debt
January 23, 2009
Many people speculate if they can ever get away from their tax debts. Will there ever come a point when the IRS is no longer allowed to collect money from you? Are IRS tax debts entitled to a statute of limitations? Fortunately, the answer is yes. Indeed, the IRS only has a limited span of time to collect what you owe them. This statute of limitations gives the IRS a maximum of 10 years to enforce all collection procedures on you. When that specified period expires and the IRS is unsuccessful at collecting your debt, your tax debt, as well as all related IRS issues, is automatically erased. ... (read more)
Author: Darrin Mish
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15. Guardianships
December 19, 2008
The Purpose and Process of Guardianships Under New York State law a court may appoint a guardian for a person whenever it finds by “clear and convincing evidence” that an alleged incapacitated person, the “AIP,” cannot adequately understand and appreciate the nature and consequences of his/her particular inabilities; and is likely to suffer harm because of these limitations and the inability to appreciate the consequences of the limitations. The statute provides that the guardian's authority should be tailored to satisfy specific personal and/or property management needs of the AIP,... (read more)
Author: Martin Petroff
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16. Remove Judgments from Your Credit Report
October 20, 2008
A judgment is a decision made by a court of law. It is used by creditors to sue a debtor.
If you get a judgment on your credit history it will cause your score to do down tremendously. This is usually the last step a lender will take to recover payment.
This mark will appear on your credit for up to 10 years depending upon the statute of limitations in your state. It will make it next to impossible to be approved for future lines of credit.
A judgment can cause the interest rate on your credit card to increase. This is one of the most severe marks to have on your credit report.... (read more)
Author: Matt Douglas
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17. Probate statute of limitations in Minnesota governs the probate court
September 27, 2008
Are you considering a probate? Normally a probate is considered when a person dies and leaves behind a will. The job of the probate court is to ensure that the beneficiaries or the heirs get their share as mentioned in the will. Even if the decedent has not left behind a will, the probate court will take matters into their hands and select a personal representative to take care of the decedent’s estate till the probate proceedings are over. The probate court is bound by the probate statute of limitations in Minnesota and has to follow every rule mentioned there.
There are cases where it c... (read more)
Author: Clint Jhonson
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18. Medical Malpractice Bronx - The thing to avoid
September 23, 2008
If you are reading this now you have taken the first and very important step to receiving just retribution for your medical malpractice in the Bronx. The law gives you a specific amount of time to bring your case to trial. This is called a “statute of limitations.” If you do not start your medical malpractice case in the Bronx within the required time, you lose your right to bring your case to trial. Seeking the services of a malpractice attorney skilled in medical malpractice in the Bronx will ensure that you file your case in time since the “statute of limitations” varies depending upon ... (read more)
Author: Paul Justice
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19. Los Angeles Criminal Attorney
September 22, 2008
Los Angeles Criminal Attorney
Think why you will need experienced Automobile accident attorney in Los Angeles? Every year in Los Angeles there is hundreds and even thousands of automobile accident occurs on California freeways, highways, bridges and roadways. Injuries range from amputation, brain injury, coma and decapitation. Once the two year statute of limitations in most injury cases expires, you will waive your right to sue for money damages. Los Angeles CA in particular is famous for freeway collisions and freeway traffic. Many car accident and other motor vehicle collision cases ... (read more)
Author: steve roth
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20. Injury lawyers advice
September 10, 2008
After you have received medical attention, the next essential thing personal injury victims look for is legal advice. Legal help is vital for car accidents or motorcycle accident victims, as it helps them receive compensation for their damages. With financial compensation, this eases the suffering a victim has gone through, as it means one less worry.
A personal Injury Lawyer is the correct consultant to seek if you have suffered a personal injury. Statutes of limitations are applied to certain cases. Once the statute is over even a genuine claim will go invalid. Therefore, earlier consu... (read more)
Author: Catherine White
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21. Credit Bureaus - Learn the Truth About Credit Reporting
August 20, 2008
A common concern for people is "how long will a negative mark stay on my credit report?" The answer is a maximum of seven years. A bankruptcy or judgment can remain for 10 years depending upon the statute of limitations in your state.
Most people feel like this is an undeserved prison sentence they have been given. During this time they can not move into a house or purchase a new car at a reasonable interest rate.
Why seven years?
Should a single slip-up deserve a seven year punishment? Should you have to live with a bad credit report for being out of work for a few months, even... (read more)
Author: Justin Hutto
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22. Legal Malpractice Lawyer for Medical Lawsuit Claim
June 11, 2008
The most common legal malpractice claims arising from medical malpractice lawsuit claims are failing to file the lawsuit before the statute of limitations expires, failing to timely file expert report, and failing to have an adequate expert report.
1.Statute of Limitations The statute of limitations in a medical malpractice case is generally two years from the date of the negligent act, and the lawsuit must be filed and defendants served before the expiration of those two years.
The statute of limitations in a legal malpractice case based on a medical malpractice claim does not be... (read more)
Author: Shelly Cruz
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23. Interpretation of the Equal Pay Act Clarified
April 30, 2008
The Senate blocked a bill meant to change the Equal Pay Act. During a session on April 23, 2008, the Republican block of senators voted to turn down the Lilly Ledbetter Fair Pay Act. The act delineates the Title VII under the Equal Pay Act to clarify the statute of limitations on filing lawsuits for claims of pay discrimination.
The bill was composed after the Supreme Court overturned a previous decision based on the wording of Title VII. Title VII of the Equal Pay Act states that employees can only sue within 180 days after the incident of discrimination. Opinions and court decisions var... (read more)
Author: Robert Bell
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24. By using statute of limitations of Debt to Feet your business need
April 04, 2008
The debt collectors do not have an indefinite period to keep on try to meet payments of old debts. There is an "expiration date", called the decree of the limitations, which prevents the debt collectors and/or the original lender, to continue you for the remainder of your life on old debts. Before you advance and introduce a payment on an old debt, check to be sure that the statute of the limitations did not expire. If the expiration date passed, you can be protected by law and irresponsible for this debt. . Use the Statute to fill your Need. The statute of the limitations leaves for the da... (read more)
Author: D.C. Fawcett D.C. Fawcett
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25. Statutes of Limitations-Part-3
March 06, 2008
But relevant here, the solution to the medical malpractice statute of limitations was to file a complaint alleging that the physician "intentionally concealed" his malpractice from the mother and child, intentional concealment being the antidote to the medical malpractice statute of limitations defense. The author had to fight this out in court, first to defeat the physician's and drug company's demurrer to the complaint and then in overcoming their motions of both for summary judgment. But upon succeeding on those motions, the defendants settled the case for $1,500,000.00, which was... (read more)
Author: Raymond L Henke
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