Definition Of Legal Terms : Statute Of Limitations
A Statute of limitation is the time period within which a lawsuit must be filed, after the crime has been committed. The statutory period of limitation begins to run on the day after the offense is committed.
The Definition Of Legal Terms -Statute Of Limitations is different for different crimes. Periods of limitations for felonies range from three to six years; in cases of medical malpractice from one to four years, and so on.
For certain crimes, there are no statutes. These include murder cases, or any crime punishable by death or life imprisonment. In some states, other crimes such as treason, kidnapping, forgery, and embezzlement of public funds have no Definition Of Legal Terms -Statute Of Limitations.
There are some crimes which are considered ongoing. In these cases, the statute sets in after the crime has ceased. For example, conspiracy is considered an ongoing offense. Since a conspiracy can continue beyond the completion of the offense, a conspirator can be tried even if the Definition Of Legal Terms -Statute Of Limitations has expired.
The logic of having a Definition Of Legal Terms -Statute Of Limitations is that, with time, the witnesses are not able to recall details of the case. Important evidence may also be lost as time passes. It is the responsibility of the plaintiff to comply with the deadlines prescribed. If a lawsuit is filed after the statute has expired, it will probably be thrown out of court.
There are some conditions when the statute can be extended. These include the time when the accused is absent from the state, or when he has escaped from
prison.
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