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borrowing statute

borrowing statute. A legislative exception to the conflict-of-laws rule holding that a forum state must apply its own statute of limitations. • A borrowing statute specifies the circumstances in which a forum state will apply another state’s statute of limitations. [Cases: Limitation of Actions 2. C.J.S. Limitations of Actions § 26.]

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products liability action

products-liability action. A lawsuit brought against a manufacturer, seller, or lessor of a product — regardless of the substantive legal theory or theories upon which the lawsuit is brought — for personal injury, death, or property damage caused by the manufacture, construction, design, formulation, installation, preparation, or assembly of a product. — Also termed product-liability

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police power

police power. 1. The inherent and plenary power of a sovereign to make all laws necessary and proper to preserve the public security, order, health, morality, and justice. • It is a fundamental power essential to government, and it cannot be surrendered by the legislature or irrevocably transferred away from government. [Cases: Constitutional Law 81.

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special district

A political subdivision that is created to bypass normal borrowing limitations, to insulate certain activities from traditional political influence, to allocate functions to entities reflecting particular expertise, and to provide a single service within a specified area [a transit authority is a special district]. [Cases: Municipal Corporations 2. C.J.S. Municipal Corporations §§ 7–9.]

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absence from the state

absence from the state 〈美〉不在本州;离开本州 根据诉讼时傚法〔statutes of limitation〕,如果被告离开法院所在州,则诉讼时效应中止,但仅在另一州暂时失踪不足以使时效中止。根据大多数法院的解释,如果传票仍能送达,则不适用此规定,也有少数法院采用严格的解释,坚持该规定即使在传票能送达的情况下也应予以适用。根据时傚法,对于公司而言,这种不在或离开是指其停止营业,被吊销营业执照及迁走营业所及代理机构等。

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