North Carolina Attorney General
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North Carolina Attorney General
The Attorney General of North Carolina is a statewide elected office in the U.S. state of North Carolina. The attorney general is a constitutional officer responsible for representing state agencies in legal matters, supplying other state officials and prosecutors with legal advice, and leading the North Carolina Department of Justice. The incumbent attorney general, Josh Stein, assumed office on January 1, 2017. The position of attorney general dates back to North Carolina's colonial history. The office was established in North Carolina's 1776 constitution as an official to be appointed by the North Carolina General Assembly. The state's 1868 constitution made the attorney general an elected executive official with their duties prescribed by law. Since 1971, the officer has sat on the North Carolina Council of State. History The title "Attorney General" was used in colonial territory encompassing what became North Carolina as early as 1677, when George Durant was appointed by Go ...
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Josh Stein
Joshua Stein (born September 13, 1966) is an American lawyer and politician who serves as the 50th and current Attorney General of North Carolina, a position he has held since 2017. A member of the Democratic Party, Stein previously served as a member of the North Carolina Senate representing District 16, located Wake County. While a member of the North Carolina Senate, Stein announced in 2013 that he would run for re-election in 2014 and then for North Carolina Attorney General in 2016. His former boss, Attorney General Roy Cooper, successfully ran for Governor in 2016. Following his win in the Democratic primary, Stein resigned from his seat in the State Senate to focus on the race for Attorney General. Stein won the general election, defeating Republican Buck Newton. He was "the first Jew in North Carolina history to win a statewide election". Stein was re-elected in 2020, defeating Republican Jim O'Neill. Early life Josh Stein was born on September 13, 1966 in Washington ...
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Common Law
In law, common law (also known as judicial precedent, judge-made law, or case law) is the body of law created by judges and similar quasi-judicial tribunals by virtue of being stated in written opinions."The common law is not a brooding omnipresence in the sky, but the articulate voice of some sovereign or quasi sovereign that can be identified," ''Southern Pacific Company v. Jensen'', 244 U.S. 205, 222 (1917) (Oliver Wendell Holmes, dissenting). By the early 20th century, legal professionals had come to reject any idea of a higher or natural law, or a law above the law. The law arises through the act of a sovereign, whether that sovereign speaks through a legislature, executive, or judicial officer. The defining characteristic of common law is that it arises as precedent. Common law courts look to the past decisions of courts to synthesize the legal principles of past cases. '' Stare decisis'', the principle that cases should be decided according to consistent principled rules so ...
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Supreme Court Of North Carolina
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 ...
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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 ...
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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, ...
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American Bar Association Model Rules Of Professional Conduct
The American Bar Association's Model Rules of Professional Conduct (MRPC) are a set of rules and commentaries on the ethical and professional responsibilities of members of the legal profession in the United States. Although the MRPC generally is not binding law in and of itself, it is intended to be a ''model'' for state regulators of the legal profession (such as bar associations) to adopt, while leaving room for state-specific adaptations. All fifty states and the District of Columbia have adopted legal ethics rules based at least in part on the MRPC. In almost all U.S. jurisdictions, prospective attorneys seeking admission to a state bar are typically required to demonstrate knowledge of the MRPC by achieving a sufficiently high score on the Multistate Professional Responsibility Examination. Organization The MRPC is organized into eight major categories of rules (numbered 1 through 8), each of which contains up to 18 individual rules within, numbered using a decimal point ...
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City Attorney
A city attorney is a position in city and municipal government in the United States. The city attorney is the attorney representing the municipality. Unlike a district attorney or public defender, who usually handles criminal cases, a city attorney generally handles civil cases, advising the city on legal matters and representing it in court.Ferdinand P. PallaThe Role of a City Attorney 2 ''Santa Clara Lawyer'' 171 (1962). City attorneys may advise city officials on a wide range of city business, ranging from nuisances to tax law to municipal annexations. A city attorney also advises the city's legislative body (such as a city council) on the legality of proposed actions and assists in the drafting of city ordinances and resolutions. In some jurisdictions, city attorneys also function as prosecutors, pursuing low-level criminal cases against persons charged with violating city ordinances, such as those relating to public drunkenness, traffic violations, zoning and building cod ...
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Statute
A statute is a formal written enactment of a legislative authority that governs the legal entities of a city, state, or country by way of consent. Typically, statutes command or prohibit something, or declare policy. Statutes are rules made by legislative bodies; they are distinguished from case law or precedent, which is decided by courts, and regulations issued by government agencies. Publication and organization In virtually all countries, newly enacted statutes are published and distributed so that everyone can look up the statutory law. This can be done in the form of a government gazette which may include other kinds of legal notices released by the government, or in the form of a series of books whose content is limited to legislative acts. In either form, statutes are traditionally published in chronological order based on date of enactment. A universal problem encountered by lawmakers throughout human history is how to organize published statutes. Such publications h ...
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Gubernatorial Lines Of Succession In The United States
The following is the planned order of succession for the governorships of the 50 U.S. states, Washington, D.C. and the 5 organized territories of the United States, according to the constitutions (and supplemental laws, if any) of each. Some states make a distinction whether the succeeding individual is acting as governor or becomes governor. From 1980 to 1999, there were 13 successions of governorships. From 2000 to 2019 this number increased to 29. The only instance since at least 1980 in which the second in line reached a state governorship was on January 8, 2002 when New Jersey Attorney General John Farmer Jr. acted as governor for 90 minutes between Donald DiFrancesco and John O. Bennett's terms in that capacity as president of the Senate following governor Christine Todd Whitman's resignation. In 2019, Secretary of Justice of Puerto Rico Wanda Vázquez Garced became governor when both the governor and secretary of state resigned in Telegramgate. From 1945 to 2016, 39 of th ...
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Governor Of North Carolina
The governor of North Carolina is the head of government of the U.S. state of North Carolina. The governor directs the executive branch of the government and is the commander in chief of the military forces of the state. The current governor, Democrat Roy Cooper took office on January 1, 2017, and had a public swearing-in ceremony on January 7, 2017. History of the office Originally, under the North Carolina Constitution of 1776, the office was very weak, and was elected by the legislature ( North Carolina General Assembly) for a one-year term. Edward B. Dudley became the first North Carolina Governor elected by the people on December 31, 1836. Governors served two-year terms from 1836 until a new constitution was adopted in 1868; since then, all governors are elected for four-year terms. Under the 1868 constitution, the governor's executive power was derived from the following provision: "The executive department shall consist of a governor, in whom shall be invested the ...
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Democratic Party (United States)
The Democratic Party is one of the two major contemporary political parties in the United States. Founded in 1828, it was predominantly built by Martin Van Buren, who assembled a wide cadre of politicians in every state behind war hero Andrew Jackson, making it the world's oldest active political party.M. Philip Lucas, "Martin Van Buren as Party Leader and at Andrew Jackson's Right Hand." in ''A Companion to the Antebellum Presidents 1837–1861'' (2014): 107–129."The Democratic Party, founded in 1828, is the world's oldest political party" states Its main political rival has been the Republican Party since the 1850s. The party is a big tent, and though it is often described as liberal, it is less ideologically uniform than the Republican Party (with major individuals within it frequently holding widely different political views) due to the broader list of unique voting blocs that compose it. The historical predecessor of the Democratic Party is considered to be th ...
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Consumer Protection
Consumer protection is the practice of safeguarding buyers of goods and services, and the public, against unfair practices in the marketplace. Consumer protection measures are often established by law. Such laws are intended to prevent businesses from engaging in fraud or specified unfair practices in order to gain an advantage over competitors or to mislead consumers. They may also provide additional protection for the general public which may be impacted by a product (or its production) even when they are not the direct purchaser or consumer of that product. For example, government regulations may require businesses to disclose detailed information about their products—particularly in areas where public health or safety is an issue, such as with food or automobiles. Consumer protection is linked to the idea of consumer rights and to the formation of consumer organizations, which help consumers make better choices in the marketplace and pursue complaints against businesses. ...
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