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Conflict of Law??? hmmmm

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L

littlelaw

Guest
What is the name of your state? IL

Here's the conundrum:

quoth a Federal Statutory Law: "the period for institution of suits [is] to be computed from the day when the death or injury occurred."

quoth the Federal Rules of Civil Procedure: “In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by order of the court, or by any applicable statutes, the day of the act, event or default from which the designated period of time begins to runs shall not be included.”

I'm confused
:confused:

Which method of computing time does the court go with? It's not an Eerie problem, because both are federal. It's not really a horizontal law conflict either.

Any help would be GREATLY appreciated!

Thanks,
The Befuddled Law Student
 


HomeGuru

Senior Member
littlelaw said:
What is the name of your state? IL

Here's the conundrum:

quoth a Federal Statutory Law: "the period for institution of suits [is] to be computed from the day when the death or injury occurred."

quoth the Federal Rules of Civil Procedure: “In computing any period of time prescribed or allowed by these rules, by the local rules of any district court, by order of the court, or by any applicable statutes, the day of the act, event or default from which the designated period of time begins to runs shall not be included.”

I'm confused
:confused:

Which method of computing time does the court go with? It's not an Eerie problem, because both are federal. It's not really a horizontal law conflict either.

Any help would be GREATLY appreciated!

Thanks,
The Befuddled Law Student
**A: what?
 
R

Ramoth

Guest
I'm not a lawyer, nor do I play one on TV, but this is my uneducated guess -

If I smack you upside the head with a baguette on March 1st, the SOL starts counting on March 2nd.
 
P

Pfaffing85690

Guest
And why are you not asking your law professor? We don't do homework on this site.
 

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