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48 votes

Why do statutes of limitations exist?

Statutes of limitations go back a long way The law code of ancient Athens had a five year limitation period except for murder and constitutional crimes. According to Demosthenes, these restrictions ...
Dale M's user avatar
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27 votes

Is it legal to intentionally wait before filing a copyright lawsuit to maximize profits?

Equitable remedies such as disgorgement (recovery of profits) are typically subject to equitable bars to recovery such as laches. Laches reflects the maxim that "equity aids the vigilant and not ...
Jen's user avatar
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24 votes

Why do statutes of limitations exist?

For example, I might have a perfect alibi that proves I did not commit some specific crime. If twenty years from now I’m accused of this crime, I would have completely forgotten about the alibi, the ...
gnasher729's user avatar
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16 votes
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Is there a time limit to initiating a legal complaint?

united-states Overview The big picture to keep in mind is that in the United States the applicable deadline for filing a lawsuit is very specific to the legal theory upon which relief is sought from a ...
ohwilleke's user avatar
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13 votes

Why is there a 'statute of limitation' for sex crimes?

There are great jurisdiction by jurisdiction differences in the statutes of limitations that apply to crimes. Some jurisdictions have no statute of limitations for any serious crime (e.g. Canada and ...
ohwilleke's user avatar
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12 votes
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What would be the significance of a legal provision specifying a period of 12 months, rather than 1 year?

Is it just a matter of stylistic aesthetics? Yes. 12 months is probably more common in a lease form sometimes used for tenancies of a fixed number of months different from 12. 1 year is probably more ...
ohwilleke's user avatar
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9 votes
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Does the statute of limitations apply in the case of Tara Reade?

No part of the D.C. Sexual Abuse Statute of Limitations Amendment Act of 2018 applies in the case of Tara Reade. The statue of limitations for criminal prosecution had already expired under the ...
user30951's user avatar
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8 votes

How are old allegations handled?

It obviously varies by jurisdiction, but most jurisdictions I am familiar with have something like a "Statute of Limitations" where crimes cannot be prosecuted after a certain length of time because ...
Martin Bonner supports Monica's user avatar
7 votes

Does the statute of limitations apply in the case of Tara Reade?

The two year period applies to cases that were barred under the old statute of limitations but are "now allowed under the new statute of limitations." If the claim is so old that would be ...
phoog's user avatar
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7 votes

What happens when evidence comes to light outside the Statute of Limitations period?

Section 4A of the Limitation Act 1980 sets the limitation period for defamation cases to 1 year. However, under section 32A, the court is, in certain situations, allowed to disapply the limitation ...
Shazamo Morebucks's user avatar
7 votes
Accepted

How can anyone own land without theft?

There is no "theft" without a law that defines what "property" is and what "theft" is. Laws derive from the state that has the power to enforce them. A state may issue the laws and decrees and ...
SJuan76's user avatar
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7 votes
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Statute of limitations if law changes

Stogner v. California, a criminal case, held that "A law enacted after expiration of a previously applicable limitations period violates the Ex Post Facto Clause when it is applied to revive a ...
user6726's user avatar
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6 votes
Accepted

What is the limitation period for a violation of the Computer Misuse Act of 1990's provision(s) on phishing?

The offences found in the Computer Misuse Act 1990 are criminal offences. The Limitations Act 1980 deals with civil offences and is thus not relevant. Apparently, there is no general statute of ...
DPenner1's user avatar
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5 votes

How can anyone own land without theft?

Legally (in common-law countries like the UK and US), this is generally handled through adverse possession. Adverse possession is essentially a statute of limitations on land title; it limits how long ...
cpast's user avatar
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5 votes
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Lawyer forgot to file the paperwork and now has no case: what to do?

This is a fairly general answer, as much of the nature of what could happen depends on what the first lawyer did or didn't do, state of Missouri laws, and rules of the Missouri State Bar. The friend ...
BlueDogRanch's user avatar
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5 votes
Accepted

Why do statutes of limitations exist?

Slightly going offside here Other answers mention the need/usefulness of statutes of limitation presenting cases of being accused twenty or 25 years later However, I should note that you don't need ...
Ángel's user avatar
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5 votes

Statute of limitations and constant damages

Limitations start to run when the prospective plaintiff first becomes or should have become aware of the cause of action Let’s give a concrete example. Let’s say a foundation starts to sink causing a ...
Dale M's user avatar
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5 votes

Defence to defamation where the alleged crime has expired

Truth is a defense to defamation Bob must prove the truth of his statement if Rob sues - there is a reverse onus for this defense. Because this is a civil trial the burden is balance of probabilities. ...
Dale M's user avatar
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5 votes

What would be the significance of a legal provision specifying a period of 12 months, rather than 1 year?

"Month" is more precise than "year". Specifying 12 months frees you from interpretative gray areas about what exactly "one year" means for periods that start in the ...
Tom's user avatar
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5 votes
Accepted

Could an international organisation be sued in New York, if they have a presence there but the crime happened overseas?

The law that New York passed does not create any cause of action, it overrides existing rules regarding time-barring of civil claims, so the quick answer to the question "does this law apply in ...
user6726's user avatar
  • 215k
4 votes

Why do statutes of limitations exist?

Let's say that at the age of 21, you go and do something stupid, but aren't charged with anything. 25 years later, you run for President. Do you think a prosecutor should be able to haul you in for ...
D M's user avatar
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4 votes
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R. Kelly and Statute of Limitations

In 2017 Illinois changed its law so that criminal charges for child abuse have no statute of limitations, and can be prosecuted as long as the accused is alive. This applies to all such crimes that ...
David Siegel's user avatar
4 votes

Is there a time limit to initiating a legal complaint?

In many cases there are such time limits. Such a limit is usually called a "statute of limitations" in English. Different jurisdictions have different limits. In addition, any given ...
David Siegel's user avatar
4 votes

What would be the significance of a legal provision specifying a period of 12 months, rather than 1 year?

Many leases specify that they are for a period of twelve months, but the first month's rent payment will be prorated if the term of occupancy begins on any date other than the first of the month in ...
supercat's user avatar
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4 votes

What would be the significance of a legal provision specifying a period of 12 months, rather than 1 year?

In most, if not all, countries under secular law, it usually makes very little difference, if any at all, as other answers have explained. However, under Jewish religious law, it makes a huge ...
manassehkatz-Moving 2 Codidact's user avatar
4 votes
Accepted

Statute of limitations in the USA

The distinction being made here is far more subtle than it is made out to be in the article. There is a whole cottage industry of case law in almost every state (and under federal law) to determine ...
ohwilleke's user avatar
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4 votes
Accepted

What is the statute of limitations for making false police reports?

england-and-wales If the offence is considered to be a summary only offence such as Obstructing a Police Officer, s89(2) Police Act 1996, or Wasting Police Time, s5(2) Criminal Law Act 1967, then the ...
Lag's user avatar
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3 votes

Can I refile a case I withdrew without prejudice many years ago?

Once you withdrew the complaint without prejudice, any statute of limitations benefit you obtained from filing the lawsuit evaporated. From a legal perspective, it is as if you never filed at all, ...
ohwilleke's user avatar
  • 218k
3 votes

Quitclaim reversal in Washington state. Statue of limitations? Options? Legal recourse?

The law regarding proof of service allows service of summons by publication in case a defendant "is not a resident of the state, but has property therein and the court has jurisdiction of the subject ...
user6726's user avatar
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