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In common-law legal systems, laches (/ ˈ l æ tʃ ɪ z / LAT-chiz, / ˈ l eɪ-/; Law French: remissness, dilatoriness, from Old French: laschesse) is a lack of diligence and activity in making a legal claim, or moving forward with legal enforcement of a right, particularly in regard to equity. It is an unreasonable delay that can be viewed as ...
On the federal level, nullum tempus is a legacy of British law, dating back to the nation's time as a group of British colonies. [11] It has been recognized by the Supreme Court as a valid legal doctrine since at least 1878. [12] Many states within the United States have court opinions or laws that mention or delineate the use of nullum tempus ...
Equitable remedies are distinguished from "legal" remedies (which are available to a successful claimant as of right) by the discretion of the court to grant them. In common law jurisdictions, there are a variety of equitable remedies, but the principal remedies are: injunction [5] [6] specific performance; account of profits; rescission ...
Doctrine of international exhaustion; Doctrine of laches; Doctrine of merger; Doctrine of necessity; Doctrine of non-derogation from grants; Doctrine of privity; Doctrine of repair and reconstruction; Doctrine of res judicata; Doctrine of tenure; Double aspect doctrine; Due process; Duty of care; Duty to rescue; Duty to retreat
Acknowledging that laches has traditionally been understood as an equitable doctrine, the court rejected any distinction between law and equity, holding that it barred "any remedy flowing from this possessory land claim". [20] The court justified this holding with reference to the sui generis nature of aboriginal title. [21] "To summarize," the ...
Laches: Under English common law, a court may refuse to hear a case not brought before it after a lengthy period since the right of action arose. The doctrine of laches is intended to prevent injustice to the defendant because of the plaintiff reserving action for the time most convenient or advantageous for them. Substantial performance
Oneida Indian Nation of New York': A Regretful Postscript to the Taxation Chapter, in 'Cohen's Handbook of Federal Indian Law,'" Tulsa Law Review 41: 5. Ezra Rosser (2008). "Protecting Non-Indians from Harm: The Property Consequences of Indians". Oregon Law Review. 87: 175. SSRN 1114995. George C. Shattuck (1991). The Oneida Land Claims: A ...
On December 4, 2020, the Minnesota Supreme Court held that the doctrine of laches applied to petitioners' claims against the secretary of state and that they had adequate time to bring suit prior to the election but failed to do so. In regards to observer access to post-election review, Minnesota law requires charges be served against county ...