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Plain English FTL

Posted by T. Greg Doucette on Mar 16, 2010 in The 1L Life

[Quick note:  Our traffic here at law:/dev/null/ has gone through the roof over the past 24 hours, which I presume comes from folks looking for yesterday’s entry responding to the error-filled fantasyland occupied by two writers of the Pope Center for Higher Education Policy. If you’re looking for that entry, head to this post instead. -TDot]

For those of you who kept up with my entries covering the 2010 ACC tournament, the N.C. State Wolfpack is playing in the NIT right now against the University of South Florida — meaning not much time for writing an entry :oops:

But I promised yesterday I’d have something law-related though, so I’m going to experiment… with my first video entry!1 :D

This brief missive is on the linguistic complexity of state statutes, and an alternative that might work just as well.

If it takes more than 10 minutes to explain a statute to a room of aspiring lawyers, it’s probably hard for regular citizens to digest too. At least law students aren’t well-versed enough in the law yet to make them so @#$%ing complicated ;)

Here’s the text of the statute I’m talking about — look at §1-15(c):

§ 1‑15.  Statute runs from accrual of action.

(a) Civil actions can only be commenced within the periods  prescribed in this Chapter, after the cause of action has accrued, except where in special cases a different limitation is prescribed by statute.

(b) Repealed by Session Laws 1979, c. 654, s. 3.

(c) Except where otherwise provided by statute, a cause of action for malpractice arising out of the performance of or failure to perform professional services shall be deemed to accrue at the time of the occurrence of the last act of the defendant giving rise to the cause of action: Provided that whenever there is bodily injury to the  person, economic or monetary loss, or a defect in or damage to property which originates under circumstances making the injury, loss, defect or damage not readily apparent to the claimant at the time of its origin, and the injury, loss, defect or damage is discovered or should reasonably be discovered by the claimant two or more years after the occurrence of the last act of the defendant giving rise to the cause of action, suit must be commenced within one year from the date discovery is made: Provided nothing herein shall be construed to reduce the statute of limitation in any such case below three years. Provided further, that in no event shall an action be commenced more than four years from the last act of the defendant giving rise to the cause of action: Provided further, that where damages are sought by reason of a foreign object, which has no therapeutic or diagnostic purpose or effect, having been left in the body, a person seeking damages for malpractice may commence an action therefor within one year after discovery thereof as hereinabove provided, but in no event may the action be commenced more than 10 years from the last act of the defendant giving rise to the cause of action. 

Ridiculous.

Have a great night everybody! :D

  1. Pardon the shaking, I recorded it with my MacBook Pro on my lap so it moves when I talk :beatup: []

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