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What Is A The Statute Of Limitations ?
What is the statute of limitations? A statute of limitations can be defined as a rule within the legal system that sets a maximum period of time for a particular event and after the expiration of which the legal proceedings can be started. The statute of limitations is also known as periods of prescription in legal terms. |
Statutes of limitations have different meanings under different circumstances based on the nature of the case. For example, in a criminal case the statute of limitation would mean that the prosecutor must end the case or prosecute the criminal within a stipulated time period. The time period that is set for a certain case again depends on the severity of the case and the legal issues surrounding the case. A misdemeanor case in the US has to be tried within two years of the offense being committed. If the offender is found out after three years of the misdemeanor, he cannot be tried.
For medical malpractice cases, the statute of limitation would be higher because the malpractice cases require a lot of time for research and fact finding. In rare cases where the criminal has escaped, the statute of limitation will not apply and the criminal can still be convicted in his absence. Sometimes an action is brought about within a time period even if it is not a result of any event and such an action is called the statute of repose. It is slightly different from the statute of limitation.
There are several applications of the statute of limitations and in order to know whether it applies to a certain case, it is necessary to consult a lawyer.
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What Is A The Statute Of Limitations ?
