What Is the Meaning of Statue of Limitations?
- Statute of limitations, which date back to Roman times, are designed to prevent claims from arising after all evidence has been lost or after the facts have become obscure through the passage of time or the defective memory, death, or disappearance of witnesses.
- A majority of states have a statute of limitations for all crimes except murder.
- The limit usually is measured from the date of the offense, not when authorities discovered the crime or made an arrest. Statutes of limitation are not absolute: the "clock can be stopped" for a number of reasons, such as when the accused flees the jurisdiction.
- If an individual is charged with a crime after statute of limitations has expired, he must use this as a defense when answering the charge before the court. Otherwise, he has waived that defense.
- There are generally limits on the amount of time a person has to file a civil suit. The limits vary depending on the kind of action, such as for breach of contract or personal injury.
Concept
Modern Application
Stopping the Clock
As a Defense
Civil Cases
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