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Packingham v. North Carolina, 582 U.S. 98 (2017), is a case in which the Supreme Court of the United States held that a North Carolina statute that prohibited registered sex offenders from using social media websites was unconstitutional because it violated the First Amendment to the U.S. Constitution, which protects freedom of speech. [1]
North Carolina State Board of Dental Examiners v. Federal Trade Commission , 574 U.S. 494 (2015), was a United States Supreme Court case on the scope of immunity from US antitrust law . The Supreme Court held that a state occupational licensing board that was primarily composed of persons active in the market it regulates has immunity from ...
According to Professor Popkin, Chief Justice John Marshall imposed a clear statement rule: "where fundamental values were at stake, statutes would not be interpreted to impair such values, absent a clear statement in the legislation.” [2] Indeed, Marshall wrote in 1805 that "Where fundamental principles are overthrown, when the general system ...
On May 11, 1995, the North Carolina House of Representatives passed House Bill 270, a bill that added to statutes pertaining to alimony that "if a dependent spouse that receives postseparation support or alimony from a supporting spouse under a judgment or order of a North Carolina court remarries or engages in cohabitation, the postseparation ...
A civil statute of limitations applies to a non-criminal legal action, including a tort or contract case. If the statute of limitations expires before a lawsuit is filed, the defendant may raise the statute of limitations as an affirmative defense to seek dismissal of the claim. The exact time period depends on both the state and the type of ...
A Prayer for Judgment Continued (PJC) is a judicial action unique to the U.S. state of North Carolina that allows a judge to acknowledge a defendant’s guilt without entering a formal judgment. This unique mechanism can prevent the imposition of certain penalties, such as fines or points on a driver’s license , offering defendants an ...
The filing of a declaratory judgment lawsuit can follow the sending by one party of a cease-and-desist letter to another party. [6] A party contemplating sending such a letter risks that the recipient, or a party related to the recipient (i.e. such as a customer or supplier), may file for a declaratory judgment in their own jurisdiction, or sue for minor damages in the law of unjustified threats.
In law, a summary order is a determination made by a court without issuing a legal opinion. This disposition is also known as a nonopinion, summary opinion, affirmance without opinion, unpublished order, disposition without opinion, or abbreviated disposition. It is not to be confused with summary judgment, which means a decision without trial.