Relief from Judgment in North Carolina Civil Cases

Relief from Judgment in North Carolina Civil Cases

Author: Ann M. Anderson

Publisher: Unc School of Government

Published: 2016

Total Pages: 284

ISBN-13: 9781560118558

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A party to a civil action may seek relief from a final judgment or order of North Carolina's trial courts for many reasons. Litigants often take their arguments to the state's appellate division. But for many issues, the North Carolina Rules of Civil Procedure provide methods for first seeking relief directly from the trial courts themselves. These rules, presented in Chapter 1A of the North Carolina General Statutes, and North Carolina case law interpreting them, are the focus of this book. The discussion proceeds in two parts. -Part One covers motions for immediate post-trial relief. -Part Two covers motions brought under Rule 60(b), which allows relief from a "final judgment, order, or proceeding" based on any of six specific grounds that are based largely in equity, and, in general, are discretionary. The book concentrates on North Carolina case law, primarily cases that interpret the Rules of Civil Procedure governing these motions rather than cases discussing the common law upon which the rules are based or statutes that preceded them. A free download of the table of contents and about this book section are avaialable (https://www.sog.unc.edu/publications/books/relief-judgment-north-carolina-civil-cases!/details).


North Carolina Appellate Law

North Carolina Appellate Law

Author: Pamela Newell Williams

Publisher: iUniverse

Published: 2009-06

Total Pages: 186

ISBN-13: 1440144907

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This Guide is not only easy to navigate, but also simple to understand. It will be welcomed by law professors and novice appellate attorneys all over North Carolina as a thorough, practical instruction manual on how to file or respond to an appeal in accordance with the Rules of Appellate Procedure. Existing texts are designed primarily to be a universal guide on persuasive writing and advocacy but lack specific references to the local requirements and corresponding North Carolina court decisions on this topic. Professor Williams has drawn on her extensive experience and anticipated questions that may be asked by a student or advocate of appellate law. Corresponding case references provide the reader with context. An extra tool is a thorough appendix with superb examples of appellate documents. This book is a must-have for any practicing, studying and/or interested in appellate law!


The North Carolina State Constitution

The North Carolina State Constitution

Author: John V. Orth

Publisher: Oxford University Press on Demand

Published: 2013-04-11

Total Pages: 255

ISBN-13: 0199915148

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North Carolina's state constitution charts the evolution over two centuries of a modern representative democracy. In The North Carolina State Constitution, John V. Orth and Paul M. Newby provide an outstanding constitutional and historical account of the state's governing charter. In addition to an overview of North Carolina's constitutional history, it provides an in-depth, section-by-section analysis of the entire constitution, detailing the many significant changes that have been made since its initial drafting. This treatment, along with a table of cases, index, and bibliography provides an unsurpassed reference guide for students, scholars, and practitioners of North Carolina's constitution. Co-authored by Paul M. Newby, a sitting justice of the North Carolina Supreme Court, the second edition includes significant constitutional amendments adopted since the date of the first edition. Almost every article was affected by the changes. Some were minor-such as the lengthening the term of magistrates-and some were more significant, such as spelling out the rights of victims of crimes. One was obviously major: granting the governor the power to veto legislation-making North Carolina's governor the last American governor to be given that power. In addition, the North Carolina Supreme Court has continued the seemingly never-ending process of constitutional interpretation. Some judicial decisions answered fairly routine questions about the powers of office, such as the governor's clemency power. Others were politically contentious, such as deciding the constitutional constraints on legislative redistricting. And one continues to have momentous consequences for public education, recognizing the state's constitutional duty to provide every school child in North Carolina with a "sound, basic education." The Oxford Commentaries on the State Constitutions of the United States is an important series that reflects a renewed international interest in constitutional history and provides expert insight into each of the 50 state constitutions. Each volume in this innovative series contains a historical overview of the state's constitutional development, a section-by-section analysis of its current constitution, and a comprehensive guide to further research. Under the expert editorship of Professor G. Alan Tarr, Director of the Center on State Constitutional Studies at Rutgers University, this series provides essential reference tools for understanding state constitutional law. Books in the series can be purchased individually or as part of a complete set, giving readers unmatched access to these important political documents.


Raising Issues of Race in North Carolina Criminal Cases

Raising Issues of Race in North Carolina Criminal Cases

Author: Alyson Grine

Publisher:

Published: 2014-11-12

Total Pages: 374

ISBN-13: 9781560117599

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View this manual, a reference in the School's Indigent Defense Manual Series, free of charge at defendermanuals.sog.unc.edu. Raising Issues of Race in North Carolina Criminal Cases is a resource for public defenders and appointed counsel who represent poor people accused of crimes. This publication is also useful to judges, prosecutors, and others who work to safeguard the integrity of the court system. The book describes the ways in which considerations of race may improperly enter into the conduct of a criminal case, and gathers, organizes, and analyzes the law on the intersection of race and the criminal justice system. Ten chapters cover a variety of topics, such as: -stops, searches, and arrests; -eyewitness identification; -pretrial release; -selective prosecution; -composition of grand and trial juries; -trial issues; and -sentencing.


The Law of Self-defense in North Carolina

The Law of Self-defense in North Carolina

Author: John Rubin

Publisher: Unc School of Government

Published: 1996

Total Pages: 0

ISBN-13: 9781560112457

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This book analyzes North Carolina's criminal law on self-defense and other defenses involving defensive force, such as defense of others and defense of habitation. It explains the rules governing the use of defensive force and includes extensive citations to relevant North Carolina case law. The book also discusses issues that commonly arise in the trial of self-defense cases, including evidentiary issues, burdens of proof, and jury instructions.


Public Records Law for North Carolina Local Governments

Public Records Law for North Carolina Local Governments

Author: David M. Lawrence

Publisher: Unc School of Government

Published: 2010

Total Pages: 404

ISBN-13: 9781560116141

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This book reviews and explains the principal public records statutes applicable to records held by North Carolina local governments and examines the public's right of access to those records. It expands the coverage of the first edition and its cumulative supplement and also includes developments in the law since 2004. Although the book focuses on records held by local governments, state government officials also will find it useful.