Term Paper on "Statute of Limitations"

Term Paper 3 pages (1071 words) Sources: 5 Style: APA

[EXCERPT] . . . .

Statute of Limitations

Several states, as well as Federal legislation, contain a legal stipulation which is called the "statute of limitations." This particular statute may very from state to state, or even country to country, but essentially it serves an important purpose. The statute is an expiration date on when a person can be tried after he or she has been charged with a specific crime or lawsuit. Once a person is charged, there is a deadline in which that trial or lawsuit must then commence. These statues also vary depending on the severity of the crime or the lawsuit which is in question. For example, many states have a longer statute regarding murder cases and other serious felonies than smaller misdemeanor crimes. If the legal case is not filled within the required period of time after the charge is first brought, then the case is dismissed (Encyclopedia Britannica, 2008). In some states and cases, the statute of limitations does not come into play as it normally would. In these cases, the statute of limitations begins not at the time when the person was charged, but rather at the time when evidence should have been discovered in a reasonable manner, (Encyclopedia Britannica, 2008).

An example of a case where statute of limitations came into play is that of Lawrence v. Florida in 2006 and 2007, (Oyez.com, 2008). Gary Lawrence had appealed his first degree murder conviction, but his appeal was denied by the Supreme Court in 2007 due to his failure to adhere to the one year statute of limitations based on the Antiterrorism and Effective Death Penalty Act (AEDPA), which gives convicted felons a period of one year to submit petitions for their appeal based on writs of ha

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beas corpus.

The reasoning behind these types of legislation is to ensure citizens that they do not have to fear being convicted of a crime they were initially charged with thirty years ago. If the state does not have sufficient evidence to commence trial within a timely manner, then the person charged with the crime also has the right to move on with his or her life, rather than continually live in fear of the trial emerging from their distant past. In terms of civil litigation, it also ensures that old debts and lawsuits cannot come back to haunt someone several years after the initial proceedings began and faded out.

These laws have both positive and negative consequences within society. First, as previously mentioned, it is good for people who have been charged with a crime or lawsuit. If the state or opposing party cannot come up with the sufficient evidence to proceed to trail within a timely manner, the defendant should not have to live the rest of his or her life in fear of being prosecuted out of the blue at some future date. These laws also help protect debtors who have defaulted on their debt. If their creditors are unable to take legal action within that specific amount of time, then they have freed themselves from that debt. However, these laws also have negative consequences as well. They restrict the state and any citizen who must gather enough evidence to commence trail from… READ MORE

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Quoted Instructions for "Statute of Limitations" Assignment:

“

Prepare a 900 word paper on the concept of *****statute of limitations*****. In your paper make sure you address the following:

1. Define this law and why do we have it (ie. what is the public purposes behind the law?) Why is it a good thing to have a *****statute of limitations***** and why is it a bad thing?

2. Locate a copy of the Florida Statute of Limitations and cite it. Explain under this particular statute, if someone was charged with theft of jewelry, how long does the person have to file a case before it is barred by the statute of limitations? How about for a negligence action? How about for a medical malpractice action? How about for past due wages from an employer?

3. Discuss the term *****Laches***** and define it. How is it different then a *****statute of limitation*****?

4. Discuss some reasons why a *****statute of limitations***** could be *****tolled***** (stopped or delayed from running). Explain some of the reasons that a litigant would use to *****freeze***** this *****statute of limitations***** from running.

5. Finally, find a case that is recent (from 2000 to 2007) which discusses a *****statute of limitations***** and how it affected someone*****s case.

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“Statute of Limitations.” A1-TermPaper.com, 2008, https://www.a1-termpaper.com/topics/essay/statute-limitations-several-states/35931. Accessed 3 Jul 2024.

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[1] ”Statute of Limitations”, A1-TermPaper.com, 2008. [Online]. Available: https://www.a1-termpaper.com/topics/essay/statute-limitations-several-states/35931. [Accessed: 3-Jul-2024].

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1. Statute of Limitations. A1-TermPaper.com. https://www.a1-termpaper.com/topics/essay/statute-limitations-several-states/35931. Published 2008. Accessed July 3, 2024.

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