| Statutes of Limitations and Statutes of Repose |
|
| Statutes of limitations are laws that limit the time a person has to file a lawsuit after an event occurs that gives that person a legal claim. The underlying reasons for statutes of limitations are: to ensure fairness to the the person being sued; to encourage the prompt prosecution of claims; to suppress stale and fraudulent claims; and to avoid the inconvenience caused by delay especially the difficulties of proof in older cases. Once the statute of limitations runs or expires, a person being sued can raise the defense of the statute of limitations. More... |
|
|
| DNA Testing |
|
| DNA is genetic material that controls inherited traits such as eye color, hair color, and bone density. DNA testing is used to match a sample of evidence (sperm, blood, saliva, skin, or hair) from the crime scene to a suspect. Current DNA techniques are so sophisticated that one person can be differentiated from all other living persons by analyzing DNA from a single strand of hair. DNA testing is especially helpful in solving rape and murder crimes and in exonerating wrongly convicted prisoners.
More... |
|
|
| Eyewitness Identification Evidence |
|
| While very dramatic at trial, eyewitness evidence can be unreliable. Numerous scientific studies have been conducted on the accuracy of eyewitness identification. Some social scientists estimate that erroneous eyewitness identification is responsible for a large percentage of wrongful convictions. However, jurors tend to believe that eyewitness testimony is accurate. This article discusses the factors that affect the accuracy of eyewitness identification and what the courts are doing to reduce the number of wrongful convictions. More... |
|
|
| Injunctions |
|
| An injunction is a court order directing a person or company to do a certain act or prohibiting the person or company from doing a certain act. An injunction is considered an extraordinary remedy, and the court has discretion in deciding whether to issue an injunction.
More... |
|
|
| Appeal of a State Court Judgment |
|
| The losing party in a civil lawsuit can file an appeal after the state trial court enters a final judgment in the case. Generally, a notice of appeal has to be filed within 30 days after a judgment. The person who files the appeal is called the appellant, and the other party is called the appellee. More... |
|
|