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It is intended to apply only to those instances where the court recognizes the existence of more than one interpretation and where the decision that the court reaches harms or benefits the defendant to some greater or lesser degree. In that case, the rule requires the court to select the interpretation most beneficial (or least detrimental) to ...
State agency regulations (sometimes called administrative law) are published in the North Carolina Register and codified in the North Carolina Administrative Code. North Carolina's legal system is based on common law, which is interpreted by case law through the decisions of the Supreme Court and Court of Appeals, which are published in the ...
In Roman and civil law, a statute (or code) guides the magistrate, but there is no judicial precedent. In England, Parliament historically failed to enact a comprehensive code of legislation, which is why it was left to the courts to develop the common law; and having decided a case and given reasons for the decision , the decision would become ...
North Carolina: Const. Art 1 § 18 "All courts shall be open; every person for an injury done him in lands, goods, person, or his reputation shall have remedy by due courts of law, and right and justice shall be administered without favor, denial, or delay." [1] North Carolina: Gen. Statute § 1-11 (1996)
Judicial interpretation is the way in which the judiciary construes the law, particularly constitutional documents, legislation and frequently used vocabulary.This is an important issue in some common law jurisdictions such as the United States, Australia and Canada, because the supreme courts of those nations can overturn laws made by their legislatures via a process called judicial review.
The lowest level is the courts of common pleas, the intermediate-level courts are the district courts of appeals, and the highest-ranking court is the Ohio Supreme Court. Ohio municipal and county courts hear cases involving traffic violations, non-traffic misdemeanors, evictions and small civil claims (in which the amount in controversy does ...
House Bill 607, Various Court Changes: Makes changes affecting the North Carolina court system. Under Section 1a of the bill, dismissed charges and not guilty verdicts shall not be expunged ...
The literal rule is what the law says instead of what the law was intended to say. Larry Solum, Professor of Law at Georgetown University, expands on this premise: Some laws are meant for all citizens (e.g., criminal statutes) and some are meant only for specialists (e.g., some sections of the tax code).