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Dougherty V. Stepp
''Dougherty v. Stepp'', 18 N.C. 371 ( N.C. 1835) is a decision of the North Carolina Supreme Court authored by Chief Justice Thomas Ruffin. For at least a century, this case has been used in first-year Torts classes in American law schools to teach students about the tort of trespass upon real property.See, e.g., James Barr Ames and Jeremiah Smith, ''A Selection of Cases on the Law of Torts'' (3rd ed., 1910), Vol. 1, pp. 59-60; Richard Epstein, ''Cases and Materials on Torts'' (8th ed., 2004), pp. 9-10. Background Stepp incorrectly believed that certain unenclosed land belonging to Doughterty belonged to him. Stepp therefore entered the unenclosed land with a surveyor and chain carriers, who began surveying the land.''Dougherty v. Stepp'', 18 N.C. 371, 371 (N.C. 1835). Before they had marked any trees or cut any bushes, Dougherty challenged their actions. Dougherty then brought suit against Stepp for trespass '' quare clausum fregit''. A trial was held in Buncombe before ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Carolina Supreme Court
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 from time to time. The primary function of the Supreme Court is to decide questions of law that have arisen in the lower courts and before state administrative agencies. History The first North Carolina appellate court, created in 1799, was called the Court of Conference and consisted of several North Carolina Superior Court (trial) judges sitting ''en banc'' twice each year to review appeals from their courts. In 1805 it was named the Supreme Court, and a seal and motto were to be procured. From the time the North Carolina General Assembly created the Court as a distinct body in 1818 until 1868, the members of the Court were chosen by the Gene ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Buncombe County, North Carolina
Buncombe County is a county located in the U.S. state of North Carolina. It is classified within Western North Carolina. The 2020 census reported the population was 269,452. Its county seat is Asheville. Buncombe County is part of the Asheville, NC Metropolitan Statistical Area. History In December, 1792 and April 1793, John Dillard was a Commissioner in a local political dispute of determining where the county seat of Buncombe County should be located. It was provided in an act creating Buncombe County that a committee of five persons be appointed for the selection of the site. A dispute arose between two factions of Buncombe County residents on opposite sides of the Swannanoa River, one faction pressing for the county seat to be north of Swannanoa, which is now the center of Asheville, and the other faction demanding it to be at a place south of Swannanoa River which later became known as the "Steam Saw Mill Place" and which is now the southern part of the City of Asheville. ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
United States Tort Case Law
United may refer to: Places * United, Pennsylvania, an unincorporated community * United, West Virginia, an unincorporated community Arts and entertainment Films * ''United'' (2003 film), a Norwegian film * ''United'' (2011 film), a BBC Two film Literature * ''United!'' (novel), a 1973 children's novel by Michael Hardcastle Music * United (band), Japanese thrash metal band formed in 1981 Albums * ''United'' (Commodores album), 1986 * ''United'' (Dream Evil album), 2006 * ''United'' (Marvin Gaye and Tammi Terrell album), 1967 * ''United'' (Marian Gold album), 1996 * ''United'' (Phoenix album), 2000 * ''United'' (Woody Shaw album), 1981 Songs * "United" (Judas Priest song), 1980 * "United" (Prince Ital Joe and Marky Mark song), 1994 * "United" (Robbie Williams song), 2000 * "United", a song by Danish duo Nik & Jay featuring Lisa Rowe Television * ''United'' (TV series), a 1990 BBC Two documentary series * ''United!'', a soap opera that aired on BBC One from 1965-19 ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
North Carolina State Case Law
North is one of the four compass points or cardinal directions. It is the opposite of south and is perpendicular to east and west. ''North'' is a noun, adjective, or adverb indicating direction or geography. Etymology The word ''north'' is related to the Old High German ''nord'', both descending from the Proto-Indo-European unit *''ner-'', meaning "left; below" as north is to left when facing the rising sun. Similarly, the other cardinal directions are also related to the sun's position. The Latin word ''borealis'' comes from the Greek '' boreas'' "north wind, north", which, according to Ovid, was personified as the wind-god Boreas, the father of Calais and Zetes. ''Septentrionalis'' is from ''septentriones'', "the seven plow oxen", a name of ''Ursa Major''. The Greek ἀρκτικός (''arktikós'') is named for the same constellation, and is the source of the English word ''Arctic''. Other languages have other derivations. For example, in Lezgian, ''kefer'' can mean b ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
1835 In United States Case Law
Events January–March * January 7 – anchors off the Chonos Archipelago on her Second voyage of HMS Beagle, second voyage, with Charles Darwin on board as naturalist. * January 8 – The United States public debt contracts to zero, for the only time in history. * January 24 – Malê Revolt: African slaves of Yoruba people, Yoruba Muslim origin revolt in Salvador, Bahia. * January 26 – Queen Maria II of Portugal marries Auguste de Beauharnais, 2nd Duke of Leuchtenberg, in Lisbon; he dies only two months later. * January 26 – Ruins of Saint Paul's, Saint Paul's in Macau largely destroyed by fire after a typhoon hits. * January 30 – An assassination is attempted against United States President Andrew Jackson in the United States Capitol (the first assassination attempt against a President of the United States). * February 1 – Slavery is Abolitionism in the United Kingdom, abolished in Mauritius. * February 20 – 1835 Concepción earthquake: Concepción, Chile, is ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Remand (court Procedure)
Remand is when higher courts send cases back to lower courts for further action. In the law of the United States, appellate courts remand cases to district courts for actions such as a new trial. Federal appellate courts, including the Supreme Court, have the power to "remand cause icand ... require such further proceedings to be had as may be just under the circumstances.". This includes the power to make summary "grant, vacate and remand" (GVR) orders.''Lawrence v. Chater'', (per curiam), p. 166. Appellate courts remand cases whose outcome they are unable to finally determine. For example, cases may be remanded when the appellate court decides that the trial judge committed a procedural error, excluded admissible evidence, or ruled improperly on a motion. In common law jurisdictions, remand refers to the adjournment (continuance) of criminal proceedings, when the accused is either remanded in custody or on bail. Appellate courts are said to remit matters to lower courts ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Nominal Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Per Curiam Decision
In law, a ''per curiam'' decision (or opinion) is a ruling issued by an appellate court of multiple judges in which the decision rendered is made by the court (or at least, a majority of the court) acting collectively (and typically, though not necessarily, unanimously). In contrast to regular opinions, a ''per curiam'' does not list the individual judge responsible for authoring the decision, but minority concurring and dissenting opinions are signed. It is not the only type of decision that can reflect the opinion of the court. Other types of decisions can also reflect the opinion of the entire court, such as unanimous decisions in which the opinion of the court is expressed, with an author listed. The term ''per curiam'' is Latin for "by the court". United States Federal The decisions of the U.S. Supreme Court are generally not ''per curiam'', with exceptions. Their decisions more commonly take the form of one or more opinions signed by individual justices which are then ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Damages
At common law, damages are a remedy in the form of a monetary award to be paid to a claimant as compensation for loss or injury. To warrant the award, the claimant must show that a breach of duty has caused foreseeable loss. To be recognised at law, the loss must involve damage to property, or mental or physical injury; pure economic loss is rarely recognised for the award of damages. Compensatory damages are further categorized into special damages, which are economic losses such as loss of earnings, property damage and medical expenses, and general damages, which are non-economic damages such as pain and suffering and emotional distress. Rather than being compensatory, at common law damages may instead be nominal, contemptuous or exemplary. History Among the Saxons, a monetary value called a ''weregild'' was assigned to every human being and every piece of property in the Salic Code. If property was stolen or someone was injured or killed, the guilty person had to pay the wer ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Appeal
In law, an appeal is the process in which cases are reviewed by a higher authority, where parties request a formal change to an official decision. Appeals function both as a process for error correction as well as a process of clarifying and interpreting law. Although appellate courts have existed for thousands of years, common law countries did not incorporate an affirmative right to appeal into their jurisprudence until the 19th century. History Appellate courts and other systems of error correction have existed for many millennia. During the first dynasty of Babylon, Hammurabi and his governors served as the highest appellate courts of the land. Ancient Roman law recognized the right to appeal in the Valerian and Porcian laws since 509 BC. Later it employed a complex hierarchy of appellate courts, where some appeals would be heard by the emperor. Additionally, appellate courts have existed in Japan since at least the Kamakura Shogunate (1185–1333 CE). During this time, ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Jury
A jury is a sworn body of people (jurors) convened to hear evidence and render an impartiality, impartial verdict (a Question of fact, finding of fact on a question) officially submitted to them by a court, or to set a sentence (law), penalty or Judgment (law), judgment. Juries developed in England during the Middle Ages and are a hallmark of the English common law system. As such, they are used by the United Kingdom, the United States, Canada, Ireland, Australia, and other countries whose legal systems were derived from the British Empire. But most other countries use variations of the European Civil law (legal system), civil law or Islamic sharia, sharia law systems, in which juries are not generally used. Most trial juries are "petit juries", and usually consist of twelve people. Historically, a larger jury known as a grand jury was used to investigate potential crimes and render indictments against suspects. All common law countries except the United States and Liberia hav ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
Directed Verdict
In law, a verdict is the formal finding of fact made by a jury on matters or questions submitted to the jury by a judge. In a bench trial, the judge's decision near the end of the trial is simply referred to as a finding. In England and Wales, a coroner's findings used to be called verdicts but are, since 2009, called conclusions (see ). Etymology The term "verdict", from the Latin ''veredictum'', literally means "to say the truth" and is derived from Middle English ''verdit'', from Anglo-Norman: a compound of ''ver'' ("true", from the Latin ''vērus'') and ''dit'' ("speech", from the Latin ''dictum'', the neuter past participle of ''dīcere'', to say). Criminal law In a criminal case, the verdict, which may be either "not guilty" or "guilty"—except in Scotland where the verdict of "not proven" is also available—is handed down by the jury. Different counts in the same case may have different verdicts. A verdict of guilty in a criminal case is generally followed by a ... [...More Info...] [...Related Items...] OR: [Wikipedia] [Google] [Baidu] |
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