Also known as: limit · limits · limitations · statute of limitations · limitation period
Written by attorneys · grounded in primary & secondary sources — see below
2 senses
A statutory period after which a lawsuit or prosecution cannot be brought in court. The period begins to run when the claim accrues and bars the action once it expires unless tolled or extended by relation back or other rules.
A statutory period after which a lawsuit or prosecution cannot be brought in court. The period begins to run when the claim accrues and bars the action once it expires unless tolled or extended by relation back or other rules.
Select any source to read its text and confirm it supports the definition.
The restriction of the extent of an estate created by deed or devise. Words of limitation define the duration or quality of the interest conveyed and determine whether the grantee receives a fee simple or a lesser estate.
Select any source to read its text and confirm it supports the definition.
The restriction of the extent of an estate created by deed or devise. Words of limitation define the duration or quality of the interest conveyed and determine whether the grantee receives a fee simple or a lesser estate.
Each sense below has its own examples, sources, and questions.
Liam Larson introduced a tax bill in the Senate. The House later passed an identical measure and sent it to the President. Because the Constitution requires revenue bills to originate in the House, the Senate version could not become law without House origination.
Lily Lopez filed a complaint against Legacy Motors within the statute of limitations. After the period expired she amended to add a new defendant. Because the applicable limitations law permits relation back, the amendment is treated as filed on the original date.
Lamar Lewis was charged with assault. He offered evidence that the alleged victim had a violent character. The court permitted the evidence subject to the limitations in Rule 412 and allowed the prosecutor to rebut with evidence of Lewis's own violent trait.
Leah Lamb discovered her client planned to use her services to submit false loan documents. After discussing the limitations on assisting fraud the client persisted. Lamb therefore withdrew under the mandatory withdrawal rule.
Loyal Insurance sued Lunar Dynamics in federal court under diversity jurisdiction. The claim was time-barred under state law but timely under a federal rule. Because statutes of limitations are substantive for Erie purposes the federal court applied the state limitation period.
Statutes of limitations are substantive under Erie. The federal court must apply the state limitation period and any state tolling rules so that the outcome does not materially differ from the result in state court.
Supporting sources
Relation back occurs when the law that provides the applicable statute of limitations allows it. The amendment is then treated as filed on the date of the original pleading.
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Withdrawal is required when the client persists in using the lawyer's services to commit or further a crime or fraud after the lawyer has discussed the limitations on assisting such conduct.
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A defendant may offer evidence of an alleged victim's pertinent trait subject to the limitations in Rule 412. If admitted the prosecutor may offer rebuttal evidence of the defendant's same trait.
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Latoya Lane sold her house to Lola Langley under a contract that promised to repair the roof. The deed delivered at closing contained no such promise and included a merger clause. After closing Langley discovered the roof still leaked and sued to enforce the earlier promise. The merger doctrine limits her recovery to the deed alone.
A merger clause states that the written contract is the complete agreement. When the buyer accepts the deed the contract merges into the deed. Prior promises not reflected in the deed are discharged unless an exception for fraud or mistake applies.
Supporting sources
…intended to be permanent. The government of the United States assigns to different departments respective powers and establishes limits not to be transcended. The Constitution is written to define limits; if those limits may be passed by those intended to be restrained the distinction between limited and unlimited…