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114 results for "Administration of Justice Bulletin"
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Record #:
20275
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A key statutory exception to the rule against enforcing contractual attorney fee provisions is found in Section 6-21.2 of the North Carolina General Statutes, which allows enforcement of attorney fee provisions in notes, conditional sale contracts, and \"other evidence of indebtedness\" under certain circumstances. Since 1967, this statute has been the main statutory exception applicable to fee provisions in contracts and the subject of much case law. In June 2011, the North Carolina General Assembly added another major exception by creating G.S. 6-21.6, which authorizes courts to enforce reciprocal attorney fee provisions in business contracts. This bulletin discusses the law surrounding the existing statute and introduces new G.S. 6-21.6.
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Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 2, Sept 2011, p1-13, f
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Record #:
20274
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It is commonly believed that one trial judge may not overrule another. The rule is more complicated than this simple phrase implies. Judges often consider matters previously reviewed by another judge, especially in superior court where regular rotation of judges is the norm. Generally, one trial judge should not change the legal ruling of another judge. This bulletin explains when modification of another judge's order is allowed and when it is not. This Bulletin updates Administration of Justice Bulletin #2008/02.
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20458
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North Carolina and the United States are recovering from the worst recession since the Great Depression. This bulletin provides a sense of the evolving state of the U.S. economy and where North Carolina's economy is in relation to other states. The bulletin also discusses overall economic conditions and the implications for own source revenue.
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Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 4, Mar 2011, p1-19, il, f
Record #:
20270
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This bulletin explains the current state of confrontation clause law. It covers the U.S. Supreme Court's decisions in Crawford, Davis, and Melendez-Diaz. Also discussed are post-Crawford North Carolina cases and new North Carolina legislation enacted in response to the high Court's decision in Melendez-Diaz. Finally, the bulletin offers a simple flowchart for analyzing confrontation clause issues.
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Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 2, Apr 2010, p1-28, il, f
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Record #:
20272
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This bulletin discusses procedural issues that arise in connection with motions for appropriate relief filed in the trial division including for example, grounds that can be asserted, timing rules, counsel issues, discovery, procedural default, hearings, standards and burdens, and appeal.
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Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 3, June 2010, p1-42, f
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Record #:
20273
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This bulletin summarizes and clarifies in question-answer format, the rules regarding checkpoints used to enforce North Carolina's motor vehicle laws. It is intended for use by judges, lawyers, and law enforcement officers.
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Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 4, Sept 2010, p1-14, f
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Record #:
19986
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Sexual assault cases based on events that took place years ago can be difficult cases for all involved. This bulletin provides a resource for judges and lawyers involved in sexual assault cases based on conduct before 2001. The bulletin lists the most commonly charged offenses in sexual assault cases and tracks the evolution of those charges between 1950 and 2000. It also describes the major sentencing regimes before structured sentencing and addresses the issue of sex offender registration and monitoring as it concerns older cases.
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Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 1, Jul 2009, p1-28, f
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Record #:
19989
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This bulletin addresses two of the most common special evidentiary issues in sexual assault cases: the admissibility of evidence about the complainant's sexual history and the admissibility of evidence of prior sexual misconduct by the defendant.
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Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 4, Aug 2009, p1-15, f
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Record #:
19987
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This bulletin discusses the authority of judges to set time limits on trials and other court proceedings.
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Record #:
19988
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This bulletin explains when a judge should be disqualified from hearing a case.
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Record #:
19996
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This bulletin explains procedures enacted by the Motor Vehicle Driver Protection Act of 2006 that govern the filing of motions to suppress and motions to dismiss in implied consent cases in district court, the determination of such motions, and the process for appealing those determinations. The Bulletin also examines the North Carolina Court of Appeals' decisions in State v. Fowler, ___ N.C. App. ___, 676 S.E.2d 523 (2009), in which the court upheld the motions procedures as constitutional and explained the circumstances and manner in which they applied, and State v. Palmer, ___ N.C. App. ___, 676 S.E.2d 559 (2009), in which the court clarified the mechanism by which a state may appeal a district court's determination of such a motion.
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19990
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Law enforcement officers and prosecutors frequently wish to access information about a suspect's electronic communications, such as phone calls, text messages, and e-mails. This bulletin explains the legal standards and procedures governing such access, as well as the remedies available for noncompliance with those procedures. The Bulletin covers both state and federal law, and addresses both statutory and constitutional considerations. It is intended for use by judges, lawyers on both sides, and officers.
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Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 5, Oct 2009, p1-20, f
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Record #:
29916
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The Motor Vehicle Driver Protection Act of 2006 enacted provisions designed to avoid dismissals of cases based upon the North Carolina Supreme Court's opinion in State v. Knoll, in which the court ordered the dismissal of impaired driving charges against three defendants based upon the denial of access to witnesses. This bulletin examines Knoll and its progeny and their relationship to procedural requirements designed to ensure that defendants charged with implied consent offenses are afforded an opportunity to gather evidence for their defense.
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Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 7, Dec 2009, p1-18, bibl, f
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Record #:
29919
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Expunction is a procedure by which a person may expunge, or erase, the record of prior court proceedings against him or her. This bulletin describes the different types of expunctions available in North Carolina for adult criminal court proceedings. The 2009 legislation consolidates most of North Carolina’s existing expunction provisions in one part of the General Statutes.
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Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 10, Dec 2009, p1-11, bibl, f
Record #:
29917
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This bulletin summarizes criminal procedure for North Carolina magistrates. Coverage includes criminal process and pleadings, initial appearance, pretrial release, fugitives, and search warrants. It replaces Administration of Justice Bulletin 2007/06 and serves as the new criminal procedure text for the School of Government’s Basic School for Magistrates.
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Administration of Justice Bulletin (NoCar KFN 7908 .A15 U6), Vol. Issue 8, Dec 2009, p1-86, bibl, f
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