statute of limitations
Học thuậtThân thiện
Definition
- Noun:
- A law that sets the maximum time after an event within which legal proceedings may be initiated: A "statute of limitations" is a specific law that establishes a deadline for filing a lawsuit or bringing criminal charges. After this time period expires, a claim can no longer be filed or prosecuted.
Usage
- The "statute of limitations" is a legal defense. When the time limit has passed, the defendant can argue that the case should be dismissed.
- It applies to various types of legal cases, including contract disputes, personal injury claims, and certain crimes.
- The length of the time period varies depending on the jurisdiction (state or country) and the type of legal claim.
Examples
- Noun:
- The statute of limitations for filing a breach of contract claim in this state is six years.
- Because the alleged fraud occurred over a decade ago, the defendant successfully argued that the case was barred by the statute of limitations.
- Prosecutors had to work quickly to gather evidence before the statute of limitations on the crime expired.
Advanced Usage
- "To toll the statute of limitations": To legally pause or delay the running of the time period. This can happen, for example, if the defendant is a minor, is out of the state, or if the injury was not immediately discovered.
- The court ruled that the statute of limitations was tolled while the plaintiff was a minor.
Variants and Related Words
- Limitations period (n): Another term for the time frame set by a statute of limitations.
- The plaintiff missed the limitations period for her claim.
- Time-barred (adj): Describes a claim that can no longer be pursued because the statute of limitations has expired.
- The court dismissed the lawsuit as time-barred.
Synonyms
- Time limit (for legal action): The general concept of a deadline for filing a case.
- Prescriptive period: A formal, often legal, term for a time limit established by law.
Related Phrases
- To run against the statute of limitations: Describes the ongoing passage of time towards the deadline.
- Time is running against the statute of limitations, so you should consult a lawyer soon.
- To be subject to a statute of limitations: To be governed by such a time limit.
- Most civil claims are subject to a statute of limitations.
Noun
- a statute prescribing the time period during which legal action can be taken