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Statute of limitations. A statute of limitations, known in civil law systems as a prescriptive period, is a law passed by a legislative body to set the maximum time after an event within which legal proceedings may be initiated. [1][2] In most jurisdictions, such periods exist for both criminal law and civil law such as contract law and ...
The California Consumers Legal Remedies Act ("CLRA") is the name for California Civil Code §§ 1750 et seq. [1] The CLRA declares unlawful several "methods of competition and unfair or deceptive acts or practices undertaken by any person in a transaction intended to result or which results in the sale or lease of goods or services to any consumer". [2]
California's UCL is broadly written. [19] Section 17200 includes five definitions of unfair competition: (1) an unlawful business act or practice; (2) an unfair business act or practice; (3) a fraudulent business act or practice; (4) unfair, deceptive, untrue, or misleading advertising; or (5) any act prohibited by Sections 17500-17577.5. [20]
The Comprehensive Computer Data Access and Fraud Act (Penal Code Section 502) affords protection to individuals, businesses, and governmental agencies from tampering, interference, damage, and unauthorized access to lawfully created computer data and computer systems. It allows for civil action against any person convicted of violating the ...
Mail fraud was first defined in the United States in 1872. 18 U.S.C. § 1341 provides: Whoever, having devised or intending to devise any scheme or artifice to defraud, or for obtaining money or property by means of false or fraudulent pretenses, representations, or promises, or to sell, dispose of, loan, exchange, alter, give away, distribute, supply, or furnish or procure for unlawful use ...
Fraudulent concealment. Fraudulent concealment is a common law doctrine that may be invoked to toll a statute of limitations. Under this doctrine, if a defendant has concealed his misconduct, then the limitations period shall start from the point when the plaintiff discovers his claim, or should have discovered it with due diligence. [1]
The term statute of frauds comes from the Statute of Frauds, an act of the Parliament of England (29 Chas. 2 c. 3) passed in 1677 (authored by Lord Nottingham assisted by Sir Matthew Hale, Sir Francis North and Sir Leoline Jenkins [2] and passed by the Cavalier Parliament), the long title of which is: An Act for Prevention of Frauds and Perjuries.
Honest services fraud is a crime defined in 18 U.S.C. § 1346 (the federal mail and wire fraud statute), added by the United States Congress in 1988, [1] which states "For the purposes of this chapter, the term scheme or artifice to defraud includes a scheme or artifice to deprive another of the intangible right of honest services."