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Heien v. North Carolina, 574 U.S. 54 (2014), was a decision by the United States Supreme Court, ruling that a police officer's reasonable mistake of law can provide the individualized suspicion required by the Fourth Amendment to the United States Constitution to justify a traffic stop.
The Court found that there was nothing to sustain use of the procedure in either North Carolina statute or in the common law of that state. In considering the application of this type of motion to Klopfer's case, it noted that the initial indictment was within a month of the supposed offense, but that the State's motion was not granted until ...
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 Hutelmyer case. In 1997, a jury in Alamance County awarded $1 million to Dorothy Hutelmyer, who argued in court that a secretary in her husband’s insurance office had intentionally wooed him ...
The decisions of the Supreme Court and Court of Appeals are published in the North Carolina Reports and North Carolina Court of Appeals Reports, respectively. [8] Opinions are first published online on filing day as slip opinions, and may be withdrawn or corrected until the mandate issues 20 days later. [ 8 ]
The second case takes aim at the state’s restrictions on medication abortions, and was filed in January 2023, after the conservative-majority U.S. Supreme Court overturned the constitutional ...
The Supreme Court of the State of North Carolina is the state of North Carolina's highest appellate court. Until the creation of the North Carolina Court of Appeals in the 1960s, it was the state's only appellate court. The Supreme Court consists of six associate justices and one chief justice, although the number of justices has varied.
Statutory interpretation is the process by which courts interpret and apply legislation. Some amount of interpretation is often necessary when a case involves a statute. Sometimes the words of a statute have a plain and a straightforward meaning. But in many cases, there is some ambiguity in the words of the statute that must be resolved by the ...