s/l Flashcards

1
Q

SOL nmymonic

A

D
P
O
U
WP

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
2
Q

Defamation and libel

A

1 year

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
3
Q

Personal injury and fraud

A

2 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
4
Q

Oral k

A

3 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
5
Q

Ucc k

A

4 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
6
Q

Written contract not ucc

A

5 years

If not signed, 3 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
7
Q

Property injury

A

5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
8
Q

Distress action

A

5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
9
Q

ejectment actio

A

15 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
10
Q

Easement by prescription

A

20

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
11
Q

Adverse possession real property

A

15 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
12
Q

Adverse possession personal property

A

5 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
13
Q

Unlawful detainer

A

3 years

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
14
Q

When does the SOL time start accruing

A

When injury occurs

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
15
Q

Exceptions to general accrual rule

A

Fraud - when discovered or reasonably should have been discovered

Failed diagnosis - 1 year within discovery

How well did you know this?
1
Not at all
2
3
4
5
Perfectly
16
Q

What happens to SOL if injury occurs to a minor or a disabled person?

A

Tolled until adult or disability ends

17
Q

What happens to SOL for a minor in a med mail case?

A

2 year SOL

If younger than 8, you have until 10 to sue

18
Q

What happens to SOL if doctor tried to hide or fix the injury?

A

Tolled during period the plaintiff reasonably assumed it would heal

19
Q

What happens to SOL is someone dies?

A

Tolled for 1 year

2 years if C/A occurs after their death

20
Q

What happens if you need to change a party?

A

RELATION BACK - SOL relates back to OG Filing

same transaction or occurrence
New party had notice
New party not prejudiced
New party known or should have known

21
Q

What if you need to add a claim?

A

RELATION BACK

Same TO
Reasonable diligence
Opposing party not substantially prejudiced

22
Q

Laches

A

Affirmative defense

P waited to long to bring claim

Unfair to D

23
Q

When would laches apply

A

Equitable claims with no SOL

discretionary call by judge

24
Q

what to consider for laches

A