SoL & Repose Flashcards

1
Q

What is SoL?

A

SoL is The time period within which a claim or counter claim can be brought.

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2
Q

What is the general rule for SoL ?

A

The clock starts when the injuey occurs or the point of injury.

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3
Q

What is the discovery rule?

A

the discovery rule is when the plaintiff discovers or a reasonable person should have discovered the injury.

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4
Q

What is tolling? and when does it occur ?

A

Tolling is the pause button for SOL.

Tolling occurs when 1 of the 3 occur, P files a lawsuit. P is a minor. P is in prison.

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5
Q

What is the statue of repose?

A

is a counter rule to the discovery rule, it adds an alternate time period in which focuses on the defendants act rather then the time the harm was inflicted or discovered.

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6
Q

How do SoL and SoR work together?

A

Whichever statue ends first is what halts you from filing suit.

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