Statute of Limitation

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Statute of Limitations

A statute of limitations is generally a law defining the maximum amount of time after a crime or civil grievance that legal action may be taken against the perpetrator.  Statutes exist in both the criminal code and the civil code for such limitations also known as periods of prescription.

To illustrate, it is common for states to have a statute of limitations requiring that lesser crimes or misdemeanors may only be prosecuted within three years of the date of the crime.  After the three year period has passed, the person responsible for the misdemeanor cannot be prosecuted if proceedings have not already begun.  A similar statue of limitation for a breach of contract might allow for civil action to commence only within the six years after the breach.

There are similar statutes limiting the period in which a creditor may bring action against a non-paying debtor.  The time frame of the limitation may begin anew should the debtor acknowledge the debt with partial payment or agree to waive protection from the statute.

Some extreme crimes, such as murder, do not have a statute of limitations in many states.  A person committing murder in 2007 could conceivably be found and brought to justice in 2050 or beyond.  Murder is such a grievous crime that it is felt no one should be allowed to get away with it. Courts have even ruled that some acts of pollution do not fall under the protection of the laws of limitation from prosecution.

The time limitation on the crime or infraction normally begins when the event in question occurs.  However, sometimes the limitation will not begin to run until the action creating an infraction reveals itself.  An example would be a product defect causing injury that turned up long after a product was manufactured.  Some cases even involve litigation over the exact date that the time limitation should begin to run.

In real estate law there is a statute of limitations known as a statute of repose.  This statute limits the amount of time that building or property defects or hazards may be brought to litigation or the owner prosecuted for neglect.  Defects or hazards that should be obvious, such as a hole in the ground are treated differently than hidden problems such as an electrical wiring defect.

 

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Statute of Limitations News
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Germany Debates Extending The Statute Of Limitations For Sexual Abuse Deutsc...
Times OnlineGermany debates extending the statute of limitations for sexual abuseDeutsche WelleGerman law allows for criminal prosecution only within 10 years of the alleged victim turning 18. The statute of limitations for pursuing financial Abuse Investigation Needed 39Without a Moment39s Delay39Spiegel OnlinePope39s Brother Admits Striking Students, Denies Knowledge of AbuseBeliefnet.com blogall 1,564 news articles raquo

Electronics Replace Ink And Paper In Fingerprint Process Jacksonville Daily ...
Tampa TribuneElectronics replace ink and paper in fingerprint processJacksonville Daily Record from crime scenes and enter them into the system, which is no easy task, according to Shawn Arnold, a Florida Bar Board Certified Criminal Law attorney. New fingerprinting technology leads to more arrests, FDLE reportsMarco EagleFDLE39s New FALCON Technology Demonstrates Its Crime Solving PowerWMBB TVall 25 news articles raquo

Studentsapos Crimes Aposwonapost Fill Courtsapos Sydney Morning Herald
ABC OnlineStudents39 crimes 39won39t fill courts39Sydney Morning HeraldBut criminal law professor Bernadette McSherry says the judgment will not result in schoolyard bullies filling the courts. Prof McSherry said Justice Vic court opens up compensation claims for bully victimsABC OnlineBullying by girl, 8, deadly seriousThe AgeBullied girl hopes court win helps other victimsABC Onlineall 23 news articles raquo

EDITORIAL: Longer Arm Of Justice Leagle.com
EDITORIAL: Longer arm of justiceLeagle.comThe government plans to submit relevant bills to revise the Criminal Law and the Criminal Procedure Law to the current Diet session.

YOU XING CHENG V. HOLDER Leagle.com
YOU XING CHENG v. HOLDERLeagle.com1992 quotPunishment for violation of a generally applicable criminal law is not persecution.quot. The agency39s denial of Cheng39s application for CAT relief MUSTAFAJ v. HOLDERLeagle.comall 6 news articles raquo

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