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~Enterprising defense lawyers using statutory time prerequisites to ace out lazy prosecutors and plaintiffs attorneys. Originated the first time a statute (or stare decisis) imposed calendar restrictions on pleadings or prosecution, plaintiff or prosecution filed late and defense counsel won dismissal via motion. It isn't a "law practice". It is a means by which one emphasizes law malpractice.

2006-09-04 14:34:24 · answer #1 · answered by Anonymous · 0 0

I think it doesn't have any definite origin, just application of practicality and common sense.
One reason for statutes of limitations is fairness; that is, over time memories fade, evidence is lost or never found, and people prefer to get on with their lives without legal intrusions from the past. The length of these statutes varies from country to country, state to state, or province to province, and often depends on the type of civil action or the seriousness of the crime. Some crimes such as murder or war crimes (see Rome Statute) are so horrific to society that they have no limitations period in some jurisdictions. Generally causes of action relating to real property have longer limitations periods, slander and libel usually have short periods.

From time to time, controversy arises because some horrific crimes have been discovered, but their perpetrator may finally escape due to the statute of limitation or prescription.

Another reason for statutes of limitations is closure or certainty. At some point, society will no longer make its tribunals available for dispute resolution. Eventually, law enforcement agencies will stop using public resources to investigate a given crime. For civil actions, statutes of limitations usually range between one and ten years. In Nevada, for example, it is two years and in New Mexico and New York, three.

2006-09-04 22:04:49 · answer #2 · answered by ladyluck 2 · 0 0

It's based on the concept that evidence goes stale after a certain amount of time. It is also a partial offshoot of the doctrines of laches and implied waiver, which prohibits those who do not enforce their rights in a timely manner.

2006-09-04 21:29:51 · answer #3 · answered by coragryph 7 · 1 0

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