assemble of Limitations (Your Name (Your University2007Statute of LimitationsOverviewStatutes of limitations are laws enacted by the legislature that reestablish and define the finale of clipping within which a causa may be brought or d before the apostrophize (Nolo mesh order , n .d . The judiciarys brush offnot grant an extension of the degree unless the law itself authorizes it . The law enacted as a statute of limitations essential provide reasonable sequence within which an trans accomplishment can be d otherwise , if it will be say as unconstitutional for depriving a person of a relieve accorded to him by law (West s Encyclopedia of American Law , 1998The goal of clip designated by the statutes of limitations vary depending upon the type of admit or cause of action the location , i .e varying from state to state and , whether the suit will be brought before a federal or state court (All trade Web site , n .d . Failure to the guinea pig within the period of time designated in the statute of limitations shall bar file of the claim . However , there are exceptional circumstances when the courts allowed the filing of the claim by extending the period designated (All Business Web site , n .dThe importance of the statute of limitations is predicated on the principle of comeliness and closure (All Business Web site , n .d . It is verboten of fairness that public policy requires a period of time within which a case may be d from the occurrence of the cause of action or controversy considering that turn up may be lost or may run There is lesser evidentiary value of evidence hence the best time to bring the action in court would be the closest to the occurrence of the cause of action (All Business Web site , n .d .
Public policy in like manner dictates that there would be closure or repose so that parties and people can live their lives without threats of legal interference move the action immediately reflects diligence of the injured party to wage his claims (All Business Web site , n .d .This is usually understand by the court as a genuine reception of vigilance for an injury sustained by the injured party . Moreover , the court may apply the doctrine of laches should the action not be d within reasonable time (Lectlaw Web site , n .dStatute of Limitations for Medical Malpractice in FloridaThe Statute of Limitations which provide the period of time within which to bring an action against a health care provider for medical malpractice is governed by section 95 .11 (4 (b , Florida Statutes (Mc Millen Law Firm : A victor Association Web site , 2006 . It provides that medical practice lawsuit must be brought within two years from the time the incident is discovered , or should have been discovered with the practice of due diligence (Mc Millen Law Firm : A passkey Association Web site , 2006 . The action shall be blockaded if it is brought after 4 years except when the party in whose favor the...If you want to get a full essay, order it on our website:
Ordercustompaper.comIf you want to get a full essay, wisit our page:
write my paper
No comments:
Post a Comment