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A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
[citation needed] Indiana's constitution, adopted in 1816, specified that all laws in effect for the Territory would be considered laws of the state, until they expired or were repealed. [citation needed] Indiana laws were revised many times over the years, but the current approach to updating the code in a regular manner began in 1971. A ...
Equitable tolling applies in criminal and civil proceedings, including in removal proceedings under the Immigration and Nationality Act (INA). [2] Equitable tolling is a common principle of law stating that a statute of limitations shall not bar a claim in cases where the plaintiff, despite use of due diligence, could not or did not discover the injury until after the expiration of the ...
Indiana has four homicide statutes in total, with murder being the most serious offense. Murder is defined in Indiana as either the intentional killing of another person without justification, or causing the death of someone while committing or attempting to commit a violent felony, regardless of intent to kill (the felony murder rule).
An affirmative defense to a civil lawsuit or criminal charge is a fact or set of facts other than those alleged by the plaintiff or prosecutor which, if proven by the defendant, defeats or mitigates the legal consequences of the defendant's otherwise unlawful conduct.
Of police impersonation episodes, 45% occurred on a highway, roadway, or alley; 20% occurred in or near the victim's home (such as a fake "knock and talk"); and 34% occurred in some other place. [1] The study found that only 46% of police impersonation incidents were "cleared" (i.e., arrest made or resolved in some other way). [1]
In England and Wales, the Poor Law Amendment Act 1851, section 3, made it an offence to impersonate a "person entitled to vote" at an election.In the case of Whiteley v Chappell (1868), the literal rule of statutory interpretation was employed to find that a dead person was not a "person entitled to vote" and consequently a person accused of this offence was acquitted.
Indiana's Second Chance law, sponsored by Sen. Greg Taylor, D-Indianapolis, allows for the expungement of certain misdemeanor and felony offenses. Indiana Code 35-38-9-2 through 35-38-9-6 allows for the expungement of misdemeanors, and non-violent felonies.