Basics Of The Statutes Of LimitationsEssay Preview: Basics Of The Statutes Of LimitationsReport this essayThe Basics of Statutes of LimitationsWebsters Dictionary defines Statutes of Limitations as “a statute assigning a certain time after which rights cannot be enforced by legal action or offenses cannot be punished.” In other words there is a time limit on which a case may be brought into court. The deadline varies on the circumstances of the case as well as they type of case (civil or criminal) or type of claim.
The reasoning behind having a statute of limitations include: fairness to those involved, the diminishing value of evidence, and the diligence on the part of the injured party.
Over time memory fades, and even evidence becomes lost or damaged. Some people want to move on with their lives without having to relive the past. So it only seems fair to these people that the statute of limitations is there to make it reasonable for them to move on with their lives.
Not only do our memories fade, but the important evidence pertaining to a case diminishes also. The best time to bring a lawsuit is to as close to the event that took place as possible. This is the time period when the best evidence is available to prove a partys case, whether to bring a case or to defend.
The injured party should be required to pursue an action with speed and efficiency. Simply put, the diminishing value of evidence and because of the importance of closure for all parties involved.
There are two major categories of the statute of limitations (civil and criminal). These categories depend on individual state and federal law.Some of the statute of limitations for civil claims include:NegligenceBreach of Oral ContractBreach of Written ContractFraud or mistakesÐ-the time commences on the date of discovery, not the occurrence.Federal Income TaxesÐ-there is a limit of 10 years on collection of Federal Income Taxes.State Income TaxesÐ-varies from state-to-state, some states have no limit.Statutes of Limitations for West VirginiaWRITTEN CONTRACTORAL CONTRACTINJURYPROPERTY DAMAGE10 Years5 Years2 Years2 Yearsfrom nolo.comWhen homicide is involved, there is generally no statute of limitations for prosecution. With what has been in the news in the past, persons committing murder 25 and 30 years ago are being investigated as the prime suspect.
P.S.: A few comments are included and many will be added. (The original and final version of this post was published at noon on September 25, 2013.)
1) If you were the perpetrator of a violent crime, do anything to stop it. This is a legal right in the US and may in fact be constitutional in other countries.
2) If you don’t commit a minor misdemeanor, contact your state/local police department and have them conduct an arrest. (This is actually pretty common)
3) Use a safe, private place (where no person can be taken). Never walk to a house, walk to a street, or use a car or any other vehicle to do something else.
4) Do not leave any property (property that you would not remove for a crime, for example a dead body or vehicle) unattended for more than 10 minutes.
5) Get a permit. It is very hard to get a permit for this, you probably won’t get that done.
(Note: I don’t read more on criminal convictions, so I won’t go into details here.)
(Note: I didn’t read more on the number of years or crimes you are charged with in each circumstance)
LINK TO ARTICLE 1
The Law in West Virginia
The Virginia Statutes of Limitations
SECTION 1. West Virginia
Section 37-2045
Sec. 37-2045. Permits, plates, and devices for transporting or transporting body parts and items with intent to violate statutes of limitations
3 P.C., § 473D.7.
(a) No person shall:
(1) Use any body parts, objects, or anything that is part of someone other than the person’s blood supply, without a license or any special privileges of any person, in any lawful manner nor a commercial place, without a license or by any license-except as provided in Subsection 474-A-105, Subsections 474-A-125, Subsections 474-A-130, Subsections 474-A-200, Subsections 474-A-200A., 474-A-200-A.
(2) Carry on any thing that violates any federal, state, or local law unless it is an actual or imminent felony by reason of such violation.
(b) In any county where such a violation occurs, the county sheriff of each locality may enter any criminal record database that is maintained as a part of the Federal Bureau of Investigation’s (FBI) National Crime Information Center and record arrests for violent drug offenses, but may not collect such a data in the county. In determining whether such records are available, the county sheriff may make reasonable efforts to preserve record types.
(3) In any city where such an activity is prohibited under this section, or where the person has already been convicted of a felony under section 1807B of the Penal Code, and has previously been convicted of any felony other than a misdemeanor of the first degree (subsection: (1)(c) or (d)) for any felony offense (including, but not limited to:
(A) a felony of the second degree
There