legal word of the day: A STATUTE
OF LIMITATIONS
ENG: a law that sets the maximum period of time within
which a legal action may be brought
POL: termin przedawnienia
When a statute of
limitations has expired:
ü a claim may no longer be filed or
ü the defense of
statute of limitations may be raised by
the defendant or
ü the court loses
jurisdiction over the matter.
(a STATUTE OF LIMITATIONS) EXPIRES – termin przedawnienia upływa (ends)
to RAISE A DEFENSE (DEFENCE UK) – podnieść zarzut (to formally
inform the court of a circumstance that can make the proceedings invalid)
a COURT LOSES JURISDICTION –
tu: droga sądowa zostaje zamknięta/ dosł.: sąd przestaje być właściwy w sprawie
(a court cannot decide a case)
A statute of limitations:
ü benefits the defendant;
ü gives the defendant an opportunity to defend the
lawsuit while witnesses are available and while the facts are fresh in the
minds of the witnesses.
(1) A statute of
limitations is a privilege that is granted to a defendant. If the
defendant fails to properly raise the defense of
the statute of limitations, it will be considered to be waived.
to WAIVE – zrzec się (to give up, to resign, to not
demand something that is your right)
(2) In some cases, however, the
statute of limitations begins to run when the plaintiff could reasonably
have discovered her injury, not when the injury actually occurred.
(a STATUTE OF LIMITATIONS) RUNS – termin przedawnienia
biegnie (continues)
(3) If the statute of
limitations has expired and
the lawsuit has been filed in an untimely manner, it is up to you
to alert the court to this fact.
a STATUTE OF LIMITATIONS EXPIRES – termin przedawnienia
upływa (ends)
to FILE A CLAIM – złożyć pozew (to formally submit
paperwork to court in order to sue someone)
IN AN UNTIMELY MANNER – po terminie (after it is
allowed by law)
(4) When a statute of
limitations expires in a criminal case, the courts no longer have
jurisdiction.
(5) The statute of
limitations on the plaintiff's claim was three years.
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