Statute of limitations

Again conceding that the majority of courts reject a jurisdictional view of the statute of limitations, Petitioner nonetheless argued that primary policy consideration underlying the statute, which is to limit the government’s power to prosecute citizens for crimes that are based on untimely indictments, counseled in favor of adopting the jurisdictional approach. Additionally, the federal statute prohibited Article III courts from imposing punishment “when the prerequisite of timely indictment…

Lifestyle statutes are laws that protect an employee 's lawful off-duty conduct. California, Colorado, New York, and North Dakota have lifestyle statutes that protect employees for any lawful activity off-duty. In addition, Connecticut protects employees ' off-duty speech. These statutes vary in their protection and the courts have interpreted these broad off-duty protection statutes differently with little precedent with respect to Facebook. In fact, the Supreme Court indicated that…

New York’s pay equity law closely resembles the new provisions in California’s law with a few key differences in the scope of comparison employees can make when bringing claims and available affirmative defenses. New York’s statute is more restrictive in the scope employees have to compare themselves to their counterparts to prove wage discrepancies: the law requires employees to perform jobs that necessitate “equal skill, effort and responsibility . . . under similar working conditions.”…

Rockefeller, 81 N.Y.2d at 564. Tangible items, such as clamps, scalpels, and sponge, introduced into a patient’s body solely to carry out or facilitate a surgical procedure are foreign object under foreign object exception to medical malpractice statute of limitation if left behind. Rockefeller v. Moront, 81 N.Y.2d at 564, LaBarbera v. New York Eye and Ear Infirmary, 91 N.Y.2d at 212, Walton v. Strong Memorial Hosp., 25 N.Y.3d at…

and suffering which resulted from a doctor's negligence. In cases of death, the attorney attempts to college damages for the family of the deceased. This can be a complicated procedure, as malpractice laws and regulations, particularly the statute of limitations, may vary from state to state. There are two types of damages available to victims of medical malpractice. A successful malpractice attorney may be able to secure the client both compensatory, as well as punitive, damages. Compensatory…

Prior to 1974, the term “rape” was defined in the English Common Law was “the carnal knowledge of female, not one’s wife, forcibly and against her will.” Carnal knowledge is the means of penetration of the vagina by the penis (Defining Rape). The offense was redefined with the terms “sexual assault”, and “sexual abuse”. This help put emphasis on the violent, nonsense aspects, broaden the acts, and allow for a sex-neutral definition of the crime (Defining Rape). According to the United States…

It is never easy to deal with the loss of a family member. Emotions are high and everyone is sad. Although it is difficult to focus while grieving, sometimes it is what you must do. If you suspect that the death of your family member was due to someone else's neglect, you may have a wrongful death situation on your hands. While you may feel angry, it is important that you stay calm and get help. Wrongful Death: What Is It? A wrongful death is when someone dies due to the neglect of another…

If you are involved in an automobile injury and the other party has filed for damages against you, then you are bound to defend yourself. For this you will have to hire a Personal Injury Lawyer Lindsay who has expertise in defending the defendants in personal injury cases. The plaintiff will always for damages to recoup his/her economic loss incurred due to costly medical treatment and loss of work. He/she will also seek compensation for his/her pains and sufferings. If you find yourself having…

Limitations is a fictional novel following the story of Judge George Mason from present-day to forty-years in the past. Mason works at the Court of Appeals in Kindle County (based on Cook County, Chicago, Illinois). The present-day case is People v. Jacob Warnovits et. al., an appeal for gang-rape; forty-years ago, Mason was personally involved in the gang-rape of a young woman named Lolly Viccino. Interwoven through the main storyline is the hunt for #1, an anonymous source sending Mason…

are often laid out in an enabling statute and Congress defines the agency’s actions and determines how their actions may be challenged. The determination of whether it is constitutional for an agency to replace the meaning of the Supreme Court with its own reading of the statute is often questioned. The Supreme Court may apply rules of statutory interpretation to the agency. The statutory interpretation is a process in which the court must determine how a statute should be enforced and then…