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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 [8] Opinions are first published online on filing day as slip opinions, and may be withdrawn or corrected until the mandate issues 20 days later.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 ]
If that individual argued to the court that a motorcycle is not a "motor vehicle", then the court would have to interpret the statute to determine what the legislature meant by "motor vehicle" and whether or not the motorcycle fell within that definition and was covered by the statute. There are numerous rules of statutory interpretation.
The independent state legislature theory or independent state legislature doctrine (ISL) is a judicially rejected legal theory that posits that the Constitution of the United States delegates authority to regulate federal elections within a state to that state's elected lawmakers without any checks and balances from state constitutions, state courts, governors, ballot initiatives, or other ...
The Law and Justice Building, which houses the Supreme Court. North Carolina's current judicial system was created in the 1960s after significant consolidation and reform. [15] The judicial system derives its authority from Article IV of the North Carolina Constitution. [16] The state court system is unified into one General Court of Justice. [17]
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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.
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 ...
A text that means one thing in a legal context, might mean something else if it were in a technical manual or a novel. So the plain meaning of a legal text is something like the meaning that would be understood by competent speakers of the natural language in which the text was written who are within the intended readership of the text and who ...